Articles tagged with: Employment
By Samantha Ellaby
In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the ECJ clarified the EU position regarding the protections and benefits that should be afforded to mothers having children through surrogacy arrangements.
Current EU law
EU law sets minimum standards of protection for pregnant workers and those on maternity leave. However, it does not specifically govern the protections to be afforded to surrogate parents. Recent debate has questioned whether the Pregnant Workers Directive entitles commissioning mothers (that …
By Lucy Corrin
The Government has today announced their long-awaited reforms to disclosure of previous convictions for rehabilitated offenders.
If someone is asked to disclose convictions, an unspent conviction must always be declared by the individual. This includes a recent conviction where the specified rehabilitation period has not come to end or a conviction for a serious offence, for example, where the sentence of imprisonment is over four years. This would never be “spent” within the meaning of the Rehabilitation of Offenders Act 1974.
However, the Government has drastically reduced the periods before …
By Samantha Ellaby
In the recent police A19 test case, the Employment Tribunal unanimously found, “that the practice of requiring the retirement of nearly all officers in the Forces who could be required to retire under Regulation A19 of the Police Pensions Regulations 1987 was not a proportionate means of achieving a legitimate aim”, and therefore amounted to age discrimination.
This case concerned indirect age discrimination and, specifically, the extent to which a provision, criterion or practice (PCP), which is seemingly age discriminatory, can be objectively justified by an employer.
It is a …
By Julie Taylor
The Equality and Diversity (Reform) Bill is currently making its way through Parliament. The private members’ bill will prohibit the use of affirmative and positive action in recruitment and appointment processes.
It is due to have its second reading in the House of Commons on 28 February 2014. The full text is not yet available, but the intention appears to be to repeal s 159 of the Equality Act 2010 and remove positive action provisions in this regard.
S 159 was brought into force in April 2011 and this introduction …
By Laura Penny
The Employment Tribunal, the Employment Appeal Tribunal and now the Court of Appeal have all agreed that an employer was justified in requiring a Christian to work on Sundays in Mba v London Borough of Merton.
Mrs Mba was a practising Christian who worked for a children’s home and was employed by the London Borough of Merton. She (along with all other full-time staff) was contractually required to work on two weekends over every three-week period. When Mrs Mba started work, she asked her employer to be excused from …