Home Five things we learnt in employment law this week

Five things we learnt in employment law this week

The Greek Police's minimum height requirement for new recruits is indirectly discriminatory towards women. A person's physical ability should be more important than their height (CJEU in Ypourgos Ethnikis Pedias v Kalliri). 2. Foreign embassies cannot rely on state immunity to avoid liability for private-law employment claims by domestic...
The Court of Appeal has held that the segregation of boys and girls at a Muslim faith school was unlawful because it prevented pupils from socialising with members of the opposite sex. It did not matter that both sexes suffered the same detriment (HMCI v The Interim Executive...
The Employment Appeal Tribunal has been hearing Uber's appeal against the decision that its drivers are workers. The Employment Tribunal recently held that the drivers were not self-employed and were therefore entitled to holiday pay and minimum wage. 2. Meanwhile, an Employment Tribunal has held that Addison Lee drivers...
It is not necessary for an industrial action ballot paper to specify the precise date on which proposed action is expected to take place (High Court in Thomas Cook Airlines v British Airline Pilots Association). 2. An Employment Judge at Sheffield Tribunal has declined to order the respondent should...
Minor discrepancies between the name of the prospective respondent in an Acas early conciliation certificate and the name of the actual respondent in subsequent tribunal proceedings do not justify rejection of the claim (EAT in Chard v Trowbridge Office Cleaning Services Ltd). 2. According to a report by Deloitte,...
Claimants do not bear the initial burden of proof in discrimination claims. Tribunals must consider all the evidence in the case before deciding whether or not there are facts from which it can infer that discrimination has occurred (EAT in Efobi v Royal Mail). 2. The High Court has...
Barclays Bank has been found to be vicariously liable for assaults committed by a doctor engaged to carry out medical examinations. In this case, more than 126 women were assaulted by the doctor during these medicals (Various claimants v Barclays Bank Plc). 2. The Presidents of the Employment Tribunals...
A recent Employment Appeal Tribunal case has ruled that voluntary overtime worked for a sufficient period of time on a regular and/or recurring basis should be included in holiday pay (Dudley Metropolitan Borough Council v Willetts and others). 2. The former executive chairman of motor association AA may lose...
In a landmark ruling this week, the Supreme Court has held that the current fee regime in place prior to lodging a Tribunal claim, which was introduced in 2013, is unlawful (R (on the application of Unison) v Lord Chancellor). 2. A new consultation statement has been issued seeking...
A Police Officer who was seen celebrating a win whilst at horse racing after calling in sick at work has been found guilty of gross misconduct. He was dismissed without notice in "order to maintain public confidence in the force". 2. The Tea House Theatre in London has received...