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Published 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.
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.
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.
Requiring a practising Christian to work on Sundays was objectively justified.
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.
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.
Click here for a brief reminder of what to expect in the coming months.
Ceri Fuller, Joanne Bell, Neil Bhan
Ceri Fuller, Joanne Bell
Joanne Bell, Ceri Fuller
Neil Bhan, Joanna Taylor