What the latest employment tribunal statistics reveal – Mills & Reeve

‘The Government published the latest quarterly and annual statistics last month. We explore what they reveal about the volume of claims and levels of compensation.’

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Mills & Reeve, 4th January 2023

Source: www.mills-reeve.com

No jab no job: 5 care home workers dismissed for not taking the vaccine – Lamb Chambers

‘In Dimitrova et Ors v Barchester Healthcare Ltd ET 1803315/2021, 5 care home workers brought claims against Barchester Healthcare Ltd, the second largest provider of care home services in the UK. These 5 Claimants were heard in the first tranche of several other claims. They all brought claims of unfair dismissal and two brought claims of direct/indirect religion/belief discrimination. Another Claimant brought a belief related harassment claim.’

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Lamb Chambers, December 2022

Source: www.lambchambers.co.uk

Alleged Islamophobia in misconduct proceedings: El Diwany – Law & Religion UK

‘Mr Farid El Diwany was twice convicted in Norway of harassment [16] and, in consequence, was struck off the Roll of Solicitors [16(ix)]. In El Diwany v Solicitors Regulation Authority Ltd [2022] EWHC 2882 (Admin), he appealed against an order of the Solicitors Disciplinary Tribunal (“the SDT”) dated 18 November 2021 refusing his application to be restored to the Roll [1].’

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Law & Religion UK, 16th November 2022

Source: lawandreligionuk.com

Government drops plan to combat anti-Muslim hatred with official definition of Islamophobia – The Independent

‘The government has dropped work on an official definition of Islamophobia that was promised more than three years ago, amid mounting concern over inaction on the issue.’

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The Independent, 30th October 2022

Source: www.independent.co.uk

No duty owed to taxi driver – Local Government Lawyer

‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’

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Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

Christian group brings discrimination case against Cambridge college – BBC News

‘A Christian campaign group is taking legal action against a Cambridge University college after an event booking was rejected.’

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BBC News, 15th September 2022

Source: www.bbc.co.uk

Research Briefing: Commonwealth and Human Rights Research Briefing Published Tuesday, 30 August, 2022 – House of Commons Library

‘Describes the Commonwealth’s work on human rights and the issues it seeks to address, such as the economic empowerment of women and preventing modern slavery.’

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House of Commons Library , 30th August 2022

Source: commonslibrary.parliament.uk

Employment, freedom of speech and Evangelical views on sexuality: Walters – Law & Religion UK

‘In Rev Keith Walters v The Active Learning Trust Ltd & Anor [2022] UKET 3324619/2019 the claimant, the minister of an independent Evangelical congregation, supported himself by working as full-time caretaker at the Isle of Ely Primary School [34]. When the dispute arose, the parties agreed that Mr Walters believed that his role as a minister took precedence over his employment and that there might be times when he would need to be released from school to fulfil his ministerial duties such as funerals [37]. The Trust, however, disputed his contention that it had been agreed that, so long as he was present at the start and end of the day, there was no issue with how he spent his time and, further, that he reserved his right to be “unequivocal in publicly stating the Christian doctrine on various issues, some of which may be unpopular” [38]. The ET accepted that there was an agreement to be flexible but did not accept that Mr Walters was either free to do what he wanted during work time or had carte blanche to make public statements against the school’s policies [39]. Further, he had agreed to the Trust’s policies and procedures, including the staff Code of Conduct [40 & 41].’

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Law & Religion UK, 29th August 2022

Source: lawandreligionuk.com

Labour MP unfairly sacked senior adviser who called him ‘first class idiot’, tribunal finds – The Independent

‘A Labour MP unfairly dismissed his aide and ex-girlfriend after she felt “marginalised and isolated” in the months leading up to her losing her job, a tribunal has found.’

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The Independent, 3rd August 2022

Source: www.independent.co.uk

Crucifixes, neck-chains and food hygiene: Kovalkovs – Law & Religion UK

‘In Mr J Kovalkovs v 2 Sisters Food Group Limited [2022] UKET 4102454/2020, Mr Kovalkovs, an Orthodox Christian, was a quality inspector in 2 Sisters Food Group’s chicken processing factory. He wore a silver crucifix on a neck-chain as an expression of his faith. 2 Sisters’ Foreign Body Control policy stated that “jewellery must not be worn in the production areas on site, with the exception of a single plan band ring”. An exception was made for religious jewellery, subject to a risk assessment; however, the risk assessment concluded that “because the chain was made of links there was a risk of contamination” and there was a potential for “entanglement, entrapment or tearing”. Mr Kovalkovs refused to give up wearing his crucifix and was dismissed.’

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Law & Religion UK, 21st June 2022

Source: lawandreligionuk.com

Ali v Heathrow Express Operating Company Ltd & Anor – Equality Law Blog

‘This decision is a reminder that, where unwanted conduct related to a protected characteristic is not intended to offend, intimidate, etc, an objective test applies to the question whether conduct amounts to harassment. The claimant was a Muslim employee of Heathrow Express. He complained of harassment and direct discrimination connected with religion after receiving an email concerning a security test carried out by the second respondent, which was responsible for carrying out security checks at Heathrow Airport and Heathrow Express stations at the airport. The test in question had involved a bag containing a box, some electric cabling and, visible at the top, a piece of paper with the words “Allahu Akbar” written in Arabic. The email reporting on the results of the test and included images of the bag and the note.’

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Equality Law Blog, 24th May 2022

Source: equalitylawblog.com

Harassment in employment?: Ali v Heathrow Express – Law & Religion UK

‘Anis Ali, a Muslim, worked for the Heathrow Express which was at the relevant time run by the first respondent, Heathrow Express Operating Company Ltd. The second respondent, Redline Assured Security Ltd, was responsible for carrying out security checks at the airport and the Heathrow Express stations. The checks involved creating and leaving suspicious objects to test how security officers responded to them, and in August 2017 it carried out a test using a bag containing a box, some electric cable and, visible at the top, a piece of paper with the words “Allahu Akbar” written in Arabic. Subsequently, the Operating Company sent an e-mail reporting on the results of the test and including images of the bag and the note to a group of employees – including Mr Ali.’

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Law & Religion UK, 19th April 2022

Source: lawandreligionuk.com

‘Conversion therapy’: Ban to go-ahead but not cover trans people – BBC News

‘The government insists it will ban so-called conversion therapy for gay or bisexual people in England and Wales – but not for transgender people.’

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BBC News, 1st April 2022

Source: www.bbc.co.uk

Rastafarian woman humiliated by police strip order – BBC News

Posted February 2nd, 2022 in compensation, custody, news, police, religious discrimination, wrongful arrest by sally

‘The case of a Rastafarian woman who was sat naked in a police cell shows officers need greater understanding of minority groups, ex-senior officers have said.’

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BBC News, 2nd February 2022

Source: www.bbc.co.uk

Humanist marriage: MPs call for legal recognition of ceremonies – BBC News

Posted January 28th, 2022 in equality, marriage, news, religious discrimination by tracey

‘The UK government’s failure to legally recognise humanist weddings in England and Wales is “discriminatory”, MPs have argued, as they called for marriage reform.’

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BBC News, 27th January 2022

Source: www.bbc.co.uk

Nurse ‘victimised’ for wearing cross at work was unfairly dismissed, tribunal rules – The Guardian

Posted January 6th, 2022 in Christianity, hospitals, news, religious discrimination, unfair dismissal by sally

‘A nurse who claimed she was victimised for wearing a necklace with a Christian cross at work has won a case for unfair dismissal.’

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The Guardian, 5th January 2022

Source: www.theguardian.com

Fostering agencies and religious beliefs – Local Government Lawyer

‘The Court of Appeal has recently ruled on the legality of a fostering agency’s requirement that potential carers must be Christians. Natasha Isaac examines the case.’

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Local Government Lawyer, 22nd October 2021

Source: www.localgovernmentlawyer.co.uk

New Judgment: Anwar v The Advocate General for Scotland (representing the Secretary of State for Business, Energy and Industrial Strategy) (Scotland) [2021] UKSC 44 – UKSC Blog

‘The Supreme Court unanimously dismissed this appeal concerning the petition for judicial review against the Department for Business, Energy and Industrial Strategy for failure to provide effective interim protection for successful workplace discrimination and harassment claims, in breach of EU law.’

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UKSC Blog, 13th October 2021

Source: ukscblog.com

Conversion therapy delay frustrates campaigners – BBC News

‘A public consultation into a proposed ban on so-called conversion therapy has been delayed by at least a month, until possibly the end of October.’

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BBC News, 25th September 2021

Source: www.bbc.co.uk

New Judgment: R (on the application of TN (Vietnam)) v Secretary of State for the Home Department and another [2021] UKSC 41 – UKSC Blog

‘The Supreme Court unanimously dismissed this appeal concerning the effect of structural unfairness in the Fast Track Procedure 2005 on individual appeal determinations.’

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UKSC Blog, 22nd September 2021

Source: ukscblog.com