Author Archives for Gemma Tizzard

October 2015 news

October 26, 2015 12:00 am Published by Comments Off on October 2015 news

It’s October and we don’t mean to spook you but there are some eerie developments afoot in the dark world of discrimination law. We shed some light on these in our case update and also ask you to tread carefully... Read more


Case update (1): “Knowing me, Knowing you” – discrimination by association

October 26, 2015 12:00 am Published by Comments Off on Case update (1): “Knowing me, Knowing you” – discrimination by association

What do we already know? We updated you in our August 2015 Newsletter Case update (2): Indirect discrimination – wider implications that the CJEU decided in the case of CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia that the concept of indirect discrimination (as set out... Read more


Case update (2): Right to be accompanied

October 26, 2015 12:00 am Published by Comments Off on Case update (2): Right to be accompanied

Summary: Is it a breach of an employee’s right to be accompanied for an employer to refuse to allow a disruptive trade union representative to act as a companion in any of its disciplinary or grievance hearings? Even when no... Read more


mental health

Mental Health: let’s talk about it

October 26, 2015 12:00 am Published by Comments Off on Mental Health: let’s talk about it

Did you know that 1 in 4 British adults will experience at least one diagnosable mental health problem in any year? Or that 11.3 million working days per year are lost due to work related stress – half because of... Read more


Newsflash: No smoking in cars with children

October 12, 2015 12:00 am Published by Comments Off on Newsflash: No smoking in cars with children

Facts: From 1 October 2015 drivers and passengers of private cars in England are banned from smoking in them if they are carrying children under 18 as passengers. Implications: Restrictions on smoking in company vehicles existed already, but did not... Read more


Newsflash: ACAS guidance on sexual orientation discrimination

October 5, 2015 12:00 am Published by Comments Off on Newsflash: ACAS guidance on sexual orientation discrimination

ACAS has published new guidance on sexual orientation discrimination, available here . The guidance explains: what sexual orientation discrimination is; how such discrimination can happen; the key areas of employment where discrimination can happen; the importance of respecting an employee’s wish... Read more


Case update (2): No fixed base? Travel time is working time

September 28, 2015 12:00 am Published by Comments Off on Case update (2): No fixed base? Travel time is working time

Summary: Does time spent by peripatetic workers (i.e. those with no permanent work base) travelling from 1) home to their first job of the day and 2) from the last job of the day back home constitute working time for... Read more


Case update (1): TUPE – too sick to transfer?

September 28, 2015 12:00 am Published by Comments Off on Case update (1): TUPE – too sick to transfer?

Summary: Is an employee who is permanently off work due to sickness and receiving Permanent Health Insurance (PHI) “assigned to” a particular grouping of employees on a TUPE service provision change? No, held the EAT in BT Managed Services Ltd... Read more


Case update (3): HR teams – careful where you tread…

September 28, 2015 12:00 am Published by Comments Off on Case update (3): HR teams – careful where you tread…

Summary: What is the role and limitations of an employer’s HR department when providing advice to investigating and disciplinary officers? The EAT in Ramphal v Department for Transport (available here ) says that it is to advise on questions of law... Read more