Monthly Employment Insurance Newsletter - January 2014 - DAC Beachcroft

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Monthly Employment Insurance Newsletter - January 2014

Published On: 8 January 2014

Happy New Year and welcome to the first edition of our employment law update for 2014.

We bring you a number of important cases, including two Court of Appeal decisions, the first regarding how an employer should assess whether an employee is disabled. The second case looks at religious discrimination where requiring a Christian to work on a Sunday was held to be objectively justified. In addition, we report on the Advocate General's opinion on how holiday pay should be calculated. If you have not already done so, we would also suggest you take a look at our recent alert about the High Court granting an injunction to stop an internal disciplinary hearing [click here]. We also summarise some of the changes to employment law expected early this year.


Age discrimination

Statutory authority defence was not made out even though the employer operated an enhanced redundancy scheme derived from a statutory enactment

An employee who received half the enhanced redundancy payment of her younger colleagues was discriminated against, despite the fact that the contractual provision allowing the reduced payment was derived from a statutory provision.

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Disability discrimination

Employers must not have "blind faith" in occupational health advice and reach their own decision when considering whether an employee is disabled

Employers must make their own decision on whether an employee is disabled. They should take into account occupational health advice, but not rely on it blindly.

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Religious discrimination

Requiring a Christian to work on Sunday was justified as there was no other viable way to meet the needs of children in a care home

Requiring a practising Christian to work on Sundays was objectively justified.

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Holiday pay

The Advocate General says commission should be taken into account when calculating holiday pay

Should the calculation of holiday pay take into account commission? Yes, according to the Advocate General of the Court of Justice of the European Union ("CJEU"). This is a further case of concern to all employers who are currently calculating holiday pay on the basis of basic pay alone.

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Philosophical belief

"Democratic socialism" can amount to a belief for the purposes of the Equality Act

Although membership of a political party alone will not establish a philosophical belief for the purpose of the Equality Act, a tribunal has found that a belief in a political philosophy or doctrine can qualify.

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What's new in 2014?

New laws and hot topics

Click here for a brief reminder of what to expect in the coming months.