The Greek government have a regulation which imposes a minimum height requirement for joining the police of 170cm. This minimum requirement is the same for both men and women so should this be considered indirect discrimination? In Ypourgos Ethnikis Pedias kai Thriskevmaton v Kalliri the CJEU held that, yes, this would be considered unjustifiable indirect […]
New leave allowance for grieving parents
Losing a child is something that all parents dread. Having time to grieve is important and a recent Bill has been published will enable parents to do just that. All parents that lose a child under the age of 18 will be entitled to two weeks’ paid leave. Many employers would undoubtedly be understanding in […]
Diplomatic Immunity from Employment Claims
If an embassy employee faces employment claims from his domestic staff, should he have diplomatic immunity? In Reyes v Al-Malki the Supreme Court held that, no, he should not have diplomatic immunity. In this case the Claimant, Ms Reyes, was employed by Mr and Mrs Al-Malki as a domestic member of staff at their London […]
State Immunity
Can sections 4(2)(b) and 16(1)(a) of the State Immunity Act 1978 protect embassies from Employment Tribunal claims brought by domestic staff in the UK? In Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs & Anor the Supreme Court held that no, these sections of the State Immunity act are no protection and hence […]
Expiry of Fixed Term Contract and Amendment of ET1
Is a Claimant able to apply to make an additional claim of unfair dismissal via the agenda for a Preliminary Hearing on case management? In Ministry of Defence v Dixon the EAT agreed that yes this could be the case. In this example the Claimant was a teacher and was employed by the Ministry of […]
The Insolvency Service – Changes in calculations of holiday pay
The EAT has brought in some new rulings regarding overtime and commission payments which will affect how the Insolvency Service calculates payments for holiday pay. Holiday pay should now take into account the following: – Commission – this applies to individuals that were entitled to commission as part of their employment contract, known as ‘contractual […]