making homophobic comments concerning an openly gay employee who uses similar words is still discrimination

Does it matter by whom potentially discriminatory comments are made? In the context of race discrimination, whether words are discriminatory has for some time involved consideration of who said them. In particular, self-referencing use of obviously abusive and discriminatory terms has become commonplace in the music industry and elsewhere. One argument put forward is that…

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“belief” in the Labour Party can be a protected characteristic

Regular readers know that one of my favourite areas of employment law is the extent to which case law is extending the definition of what is a religion or belief for the purpose of protection from discrimination. Earlier articles have covered not telling lies, conscientious objection to abortion, wearing a poppy at work, belief in…

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civil partners denied hotel accommodation – not as clear cut a case as you might think

This long running case (Bull & Anor v Hall & Anotherr) hit the headlines this month when the Supreme Court gave its judgment on whether it was unlawful discrimination for Christian hotel owners to refuse a double room to civil partners, under a stated policy that they would only provide double beds to heterosexual married…

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does anyone, including judges, know the correct approach to ETO dismissals and administrations?

In March 2011 I commented on the uneasy interplay between insolvency law and employment law. At that time the question was whether highly contentious “pre-pack” administrations provided an opportunity to dispense with a workforce as well as most of the company’s debts by using a TUPE exemption. Oakland v Wellswood (2008) appeared to allow administrators…

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TUPE changes

Draft regulations for the forthcoming TUPE reforms have been published. The changes they are intended to make are: – To allow a transferee to start collective consultation with representatives of employees due to be transferred about planned redundancies before the transfer takes place, if the transferor agrees. This will require a good deal of co-operation…

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is a zero hours contract one of employment or self-employment?

News about zero hours contracts continues unabated. After I reported last month that the Chartered Institute of Personnel and Development had conducted research suggesting that many people are happy with zero hours contracts, Vince Cable has performed the sort of volte face that seems to come easily to politicians by announcing that the crackdown on…

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