Religious Discrimination and Philosophical Beliefs
As many will be aware the Employment Equality (Religion and Belief) Regulations 2003 provide that it is unlawful to discriminate against an employee/worker on the grounds of their religion or belief. It also provides that Religion means ANY religion and belief means any religious or philosophical belief.But just how far does philosophical belief extend? The Employment Appeal Tribunal (Burton J: sitting alone) has handed down its decision in Grainger Plc & others v Nicholson and it held that a belief in man made climate change and the moral imperatives arising out of this are capable of being a philosophical be

TUPE and Duty to Consult
As you are no doubt aware, when a business or part of a business is going to be transferred elsewhere the obligations posed by the TUPE Regulations are that employers must consult with their employees pre transfer and tell them about the legal, social and economic implications.But what about if the employer gets it wrong? What if the employer (wrongly) believes that the TUPE regulations do not apply? It could of course be argued that by getting it wrong the employer has failed to tell their employees about the legal implications of the business transfer.This matter has been considered in

Employment Judges - No longer a cushy number
Most Employment Lawyers at some point approaching their later career think about an appointment as an Employment Judge, and some might be persuaded. But perhaps there should be an element of danger money!The Daily Telegraph last week reported that an Employment Judge has actually been assaulted during a Case Management Discussion. The assault allegedly took place in a Case Management Discussion which is a very neutral hearing where the Judge gives Orders for the good management of the case moving forward.The Employment Judge concerned (Judge Carstairs) I have appeared before, and whilst he is rather robust (as good Employment Judges should b

Lawful to force retirement at 65
The High Court has handed down its long awaited decision in the Heyday case in which it had been asked to decide whether it was lawful to force a member of staff to retire at 65. The High Court has held that it is lawful under UK law to force a member of staff to retire at 65.I previously covered this case when it was before the European Court of Justice in March and I have provided a link to this here. The BBC have also given some coverage of the latest decision before the High Court and this can be viewed