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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll