HR Update: the latest decisions on holiday pay, TUPE at work in the financial services sector, dismissal for promoting religious beliefs, disability discrimination, and enhancing shared parental pay.
Jack Harrington

What’s new

This month we look at proposals for the extension of gender pay gap reporting, proposed changes to rules on modern slavery reporting, and the issue of discrimination against vegans. Read more >

Case law review

Holiday Pay – two important Appeal Court decisions We report on two recent decisions of the appeal courts in cases concerning holiday pay, neither of which will be welcomed by employers.  Read more >

Failure to pay a male employee enhanced shared parental pay was not discriminatory

In the combined cases of  Ali v Capita Customer Management Ltd and Hextall v Chief Constable of Leicestershire Police, the Court of Appeal has confirmed that it is not discriminatory for employers to enhance maternity pay for female employees but not to enhance shared parental pay for male employees. Read more >

Fair dismissal for refusing to stop promoting religious beliefs In the case of Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that it was not unfair for an NHS Trust to dismiss an employee for the inappropriate promotion of her religious beliefs to patients following an instruction by management not to do so. Read more >

Withdrawal of an overseas posting due to disability was not discriminatory

The Court of Appeal considered whether an employer’s decision to withdraw the offer of an overseas posting on medical grounds for an employee with multiple disabilities amounted to disability discrimination. Read more >

Transfer of clients’ investments to a new firm may be a TUPE transfer In Dodič v Banka Koper and Alta Invest, the ECJ considered whether the European Directive which deals with the transfer of undertakings applied in a scenario where a financial services provider ceased those activities and gave its clients the option to transfer their investments to another provider. Read more >

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