Employment Law

Employers are entitled to ban the Islamic headscarf in the workplace

Case C-157/15 and Case C – 188/15

The Court of Justice of the European Union (CJEU) held that employers are entitled to ban religious symbols in the workplace, including the Islamic headscarf.

Discrimination, Employment Law

Fifa legally challenged over treatment of migrant workers in Qatar

Fifa faces legal action in the Swiss Courts as a result of its vote in December 2010 to hold the World Cup 2022 in Qatar, due to the plight of migrant workers. 

Employment Law, Other Public Interest Cases

Employment Tribunal can restrict reporting of a case in interests of human rights after claim is withdrawn

CA, RA, RB and RC v News Group Newspapers Ltd (Appeal No. UKEAT/0075/16/RN
An employment tribunal can make a restricted reporting order (RRO) which prevents or restricts disclosure to the public of any aspect of proceedings, where necessary to protect rights under the European Convention on Human Rights (ECHR).  An employment tribunal must give full weight to the principle of open justice and to the right of freedom of expression.

Employment Law

Former prisoner successfully challenges Access NI checks

In our April Update, we reported that the High Court was hearing a judicial review brought by a former prisoner who was declared unsuitable for his job as a groundskeeper.  The High Court has held that it was unlawful to discontinue his employment.

Employment Law

Employers can monitor private internet usage in workplace

Ărbulescu v. Romania (Application no. 61496/08) ECtHR

On 12th January the European Court of Human Rights (ECtHR) ruled that companies have the right to monitor their employees’ online private messages. 

The ECtHR made the ruling in a case involving a Romanian engineer whose employment was terminated for using a professional Yahoo Messanger account to send personal emails to his fiancée and brother. 

Employment Law

Stena Line unfair dismissal case to be reheard

In a case covered in a previous Update, the Northern Ireland Court of Appeal
has ordered a new hearing in the Industrial Tribunal finding last year that
Martin Shiel was unfairly dismissed.

The Industrial Tribunal had awarded Mr Shiel £37,500 for unfair dismissal and
a further £7,500 for unlawful harassment on the grounds of his sexual
orientation.  While the finding of harassment was not appealed, Stena Line
appealed the unfair dismissal aspect and on 8th October the Court of Appeal

Employment Law, LGBT, Local Developments

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