header-logo header-logo

06 June 2019 / Ian Smith
Issue: 7843 / Categories: Features , Employment
printer mail-detail

Employment law brief: 6 June 2019

Ian Smith lays down the law on religious proselytising & safeguarding unwilling employees

  • Record keeping for working time purposes: problems ahead?
  • The effect of enhanced maternity pay.
  • Taming religious proselytising at work.
  • A paternalistic view of safety at work?

Decisions at higher court levels have dominated the last month’s case load in employment law. The ECJ have handed down a judgment on record keeping for working time purposes that may cause future problems here. In addition, the Court of Appeal have given judgment in cases concerning well-known problems relating to shared parental pay, the fluid boundary between holding religious views and unacceptable proselytising at work and the extent to which an employer may lawfully take steps to safeguard the employee’s health and safety even where that employee objects to those steps.

More records to be kept?

In Federacion de Servicios Comisiones Obreras v Deutsche Bank SAE C-55/18the ECJ have held that it is a requirement of EU law that employers maintain objective, reliable and accessible’ records allowing the hours worked daily by each worker to be measured.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll