News and resources

10th August 2017

Disciplinary action against an individual for voicing religious views in the workplace did not amount to discrimination

The Employment Appeal Tribunal ruled it did not constitute religious discrimination when a Disciplinary Policy was applied to a Pentecostal Christian, for quoting a passage from the Bible condemning homosexuality and speaking of repentance during a prison church service. Tessa Robinson from RB’s Employment Team considers this decision further. Read more

10th August 2017

Employer’s Question: Sick pay and medical evidence from outside the UK

One of our marketing assistants fell sick while on holiday in Spain. She has provided us with a doctor’s certificate issued from the hospital in Spain, in Spanish, stating she is unable to work for the next 6 weeks. Are we obliged to accept this as medical evidence for the purposes of paying sick pay? Read more

27th July 2017

Employment Tribunal fees are unlawful

The Supreme Court has ruled that the Employment Tribunal fee system, introduced in 2013, is unlawful and that with immediate effect individuals will no longer have to pay issue or hearing fees to bring a claim in the tribunals. Tony Hyams-Parish, Partner and Head of Employment at RB, explains the impact that this ruling will have on employers. Read more

7th June 2017

Disability Discrimination: redundancy identified because of sickness absence

The EAT has determined that if an employee’s sickness absence leads an employer to the conclusion that the employee’s role is no longer required, this does not amount to disability discrimination. Will Walsh from RB’s Employment Team explains this decision further. Read more

19th May 2017

It is good to talk: so why do managers often avoid difficult conversations?

A manager’s ability and willingness to tackle difficult conversations is crucial to maintaining good staff engagement, productivity and performance. Tony Hyams-Parish, Partner and Head of Employment at RB, considers why managers tend to avoid difficult conversations and provides some guidance on how to make such conversations easier to deal with. Read more

19th May 2017

Discrimination: When using multiple choice tests as part of an application process, are employers under a duty to make adjustments for a job applicant with Asperger’s?

The Employment Appeal Tribunal upheld an Employment Tribunal decision that a job applicant with Asperger’s had been subjected to indirect discrimination when their request to complete a test in narrative form, rather than as multiple choice, was rejected. Tessa Robinson from RB’s Employment Team comments on this case further. Read more

27th April 2017

Unfair dismissal: Is an appeal hearing a review or re-hearing?

In a case concerning a long term sickness dismissal, the Court of Appeal has ruled that where brand new evidence comes to light before an appeal hearing, then the appeal panel must take it into consideration when reaching their conclusion. Tony Hyams-Parish from RB’s Employment Team explains the rationale for this decision. Read more

22nd March 2017

Religious discrimination: could a ban on religious dress in the workplace be lawful?

The European Court of Justice has ruled that a company’s Muslim headscarf ban was not direct discrimination. However such a ban could still amount to indirect discrimination if it not appropriate and necessary. Will Walsh from RB’s Employment Team considers this decision further. Read more

2nd March 2017

Family of a settled person’ visas: the hidden risks for all employers

Last week the Supreme Court ruled that income thresholds which govern how much British Citizens must earn before they can bring their foreign spouse to the UK are lawful “in principle”. These rules have an impact on all employers, regardless of whether or not they hold a sponsor licence. Tessa Robinson in RB’s Employment Team explains the hidden pitfalls of family visas, and the steps employers can take to mitigate their risks. Read more