In London Borough of Islington v (1) L Ladele (Respondent) (2) Liberty (Intervener), a case that has attracted some media interest, the EAT held that there had been no unlawful religious discrimination by Islington under the Employment Equality (Religion or Belief) Regulations 2003 after it took disciplinary action against a registrar who refused to register civil partnerships because of her Christian beliefs. The claimant had succeeded at the employment tribunal in establishing complaints of direct discrimination, indirect discrimination and harassment. Allowing Islington’s appeal it was held that the tribunal had failed to apply the principles of direct discrimination. Islington had not taken disciplinary action against the claimant for holding her religious beliefs but because she was refusing to carry out civil partnership ceremonies. That refusal in itself involved discrimination on grounds of sexual orientation. Further Islington’s aim of providing the civil partnership service on a non-discriminatory basis was legitimate and therefore it was entitled to require all registrars to perform the full range of services.
In AD Neary v (1) Governing Body of St Albans Girls School (2) Hertfordshire County Council, the EAT held that it was necessary for an employment judge to consciously consider all nine factors in the CPR r.3.9(1) when determining an application for review of an automatic strike out. However, the decision would not be invalidated by a failure to mention one or more of those factors unless the omission was relevant to the facts of the particular case. The key issue was whether the tribunal had taken into account an irrelevant factor or failed to take into account a relevant factor, or otherwise reached a perverse decision. In the instant case it was found that the Judge had made material omissions and therefore the case was remitted for hearing to a different Judge.
In UCATT v (1) Glasgow City Council (2) City Building (Glasgow) LLP: (1) Amicus (2) TGWU v (1) Glasgow City Council (2) City Building (Glasgow) LLP, the EAT held that a transferee employer in a relevant transfer had no obligation under the Transfer of Undertakings (Protection of Employment) Regulations 2006 to consult transferred employees' representatives after the date the transfer was completed in respect of any envisaged measures that could affect the employees. The tribunal below had found that the transferee employer had no obligation to consult the unions post-transfer as the framework of the information and consultation part of the Regulations was formulated on a pre-transfer timetable. The EAT found that the EU Directive from which the Regulations came did not include an obligation to give any information post-transfer. The tenor of the Directive was of communication between the transferor and its employees pre-transfer and between the transferee and its pre-transfer employees, not only pre-transfer but prior to any change on account of the forthcoming transfer which might affect them. It was held there was no requirement to provide information post-transfer and indeed this would be too burdensome on the transferee employer.
Developments announced in January 2009
New government guidance for employers on redundancy
Department for Business, Enterprise and Regulatory Reform guidance, aimed at employers has just been published. It provides an overview of the procedures, rights and entitlement relating to redundancy. The guidance can be found at http://www.berr.gov.uk/publications/reports/whats-new/index.html
Changes to advertising rules
In a move to ensure more British workers fill vacancies during the recession the Home Secretary, Jacqui Smith, is to change rules so that skilled migrant jobs, such as nursing and teaching, be advertised in Jobcentre Plus. The current rules require employers to advertise jobs for up to two weeks in the UK before taking the advertisement overseas, but these adverts are placed by some employers in obscure publications where there is little chance of the vacancy being seen. Companies that break the rule could have their licence to employ non-EU migrants revoked and face fines.
Always look on the bright side of life
A report by the UK Commission for Employment and Skills has found that despite the doom and gloom in the world and UK economy, things are looking brighter for the long term (in this case up to 2017). The report is forecasting a rise in employment over the next decade as a whole with the creation of 13.5 million jobs in areas such as computing, financial services, transport and construction.
Minimum Wage report
The Low Pay Commission has been granted a two month extension to report to the Gordon Brown on its recommendations for any changes to the National Minimum Wage.
The Commission will be able to consider the extra two months' additional economic data, including the Bank of England's next Inflation Report, as well as the latest figures for jobs and GDP. The new rates are still expected to be implemented on 1st October.
Also in the news this month
£16.7 million claim against HBOS managers
The Times reported on 8th January that Mona Awad, a former corporate manager at HBOS had begun a claim for £16.7 million in compensation against two managers of the firm for alleged sexual, racial and religious discrimination. The full hearing will take place later this year.
Basement nightclub goes to court
The Independent reported on 16th January that private members club Annabel's is challenging an employment tribunal ruling made in favour of HM Customs and Revenue that the club was wrong to use tips to top up staff wages to the national minimum. The Court of Appeal’s decision could affect waiting staff across the UK.
