Dismissal for proselytising religious views was fair

The dismissal of a nurse who gave a patient a Bible and proselytised (tried to convert people to another religion) her religious views was fair and did not breach European law.

Keeping records of all hours worked

European law obliges employers to establish a system enabling the duration of daily working to be measured.

Knowledge of disability and date of acquisition

Knowledge of an employee’s disability could have been acquired during an appeal against dismissal.

PHI benefits and long-term disability

An employee was rightly compensated for loss of entitlement to benefits under a PHI policy when he was unable to ‘return to work’ following sickness absence. The ‘return to work’ was a return to the work he had been doing when he went off sick, not a return to any work.

Employer not liable for injury at Christmas party

An employer was not liable in negligence for an injury occasioned to one of its employees at the staff Christmas party; neither was it vicariously liable.

Personal liability of directors

Directors of a limited company can, in certain circumstances, be personally liable for inducing a company to breach an employment contract.

Sexual orientation and constructive dismissal

The adverse treatment of a gay head teacher amounted to constructive dismissal and sexual orientation discrimination.

Personal injury damages permissible for breach of WTR

Although a breach of the Working Time Regulations cannot lead to an injury to feelings award, compensation can reflect personal injury suffered as a consequence of the breach.

Disciplinary hearings and police investigations

An employer does not usually need to wait for the conclusion of criminal proceedings before starting or continuing with internal disciplinary proceedings.

Email to inaccessible work address during maternity leave could be unfavourable treatment

Sending an important letter about redundancies to a woman on maternity leave to a work email account which she could not access could be unfavourable treatment under the Equality Act. But whether it was also maternity discrimination depends upon the reasons why that treatment occurred.

What is 'long term' for disability purposes?

EAT clarifies how to interpret ‘long term’ for the purpose of the definition of disability.

Asserting a statutory right and automatic unfair dismissal

Protection from dismissal for asserting a statutory right only applies where the employee alleged an actual breach of statute, not a threatened one.

Compensatory rest break need not be uninterrupted

Where a worker is entitled, under the Working Time Regulations, to ‘compensatory rest’ instead of a 20-minute uninterrupted rest break, the rest need not, in every case, consist of an uninterrupted 20 minutes, even if it would, in principle, be possible to provide such a break.

Suspension of employee not presumed repudiatory breach

Suspension can be a breach of contract – but on each occasion it is a question of fact. A tribunal must consider whether the employer has ‘reasonable and proper cause’ to suspend, not whether it was ‘necessary’ to suspend the employee.

Dismissal for 'cohabitation outside marriage' was not religious discrimination

The dismissal of a teacher at an ultra-orthodox Jewish nursery who refused to lie about living with her boyfriend was not discrimination on the grounds of religion or belief.

Equal pay and comparability of pay terms

For the purposes of equal pay law, two distinct parts of a workforce (here female shop floor workers and higher-paid male distribution centre workers) can compare their pay, even if they are located at different sites, in different parts of the organisation/group, and with very different pay arrangements/management structures.

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