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3rd May 2011

Fair dismissal for inappropriate comments made on Facebook

In Preece v JD Wetherspoons plc ET/2104806/10 an employment tribunal has held that a pub manager was fairly dismissed for gross misconduct after she made inappropriate comments on Facebook about two of her customers, who had verbally abused and threatened her. The manager was found to be in breach…
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3rd May 2011

Illegal worker not barred from bringing employment-related discrimination claim

In Allen (née Aboyade-Cole) v Hounga and another UKEAT/0326/10 - UKEAT/0329/10 the EAT upheld a tribunal's decision that an employee, who entered the UK dishonestly and had no right to work in this country, was not prevented by the doctrine of illegality from pursuing a race discrimination claim…
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3rd May 2011

Equality Act disability guidance: in force from 1 May 2011

On 1 May 2011 the Equality Act 2010 (Guidance on the Definition of Disability) Appointed Day Order 2011 (SI 2011/1159) brought into force an updated version of the Guidance on matters to be taken into account in determining questions relating to the definition of disability. The Order also contains…
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23rd May 2011

Not Reasonably Practicable due to Reasonable Ignorance

In John Lewis Partnership v. Charman, the EAT held that it was not reasonably practicable for an unrepresented Claimant, who was not aware of the three-month time limit, to present his claim for unfair dismissal in time when he awaited the outcome of the represented Respondent’s internal appeal;…
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23rd May 2011

Consultation on Modern Workplaces

On 16 May 2011, Department for Business Innovation and Skills launched its 'Consultation on Modern Workplaces', which makes proposals for: • Flexible parental leave, to be shared between the mother and father; • A right to request flexible working for all employees; • Updating the…
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26th May 2011

Refusing time off to pray at Mosque during work hours can be proportionate

On 24 May in Cherfi v G4S Security Services Ltd [2011] UKEAT 0379/11/2405 the EAT dismissed an appeal by an employee that his employer’s refusal to permit him to leave place of work on Friday lunchtimes to pray was discrimination on the grounds of his religion. The EAT held that although the…
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27th May 2011

Employees remanded in custody have no right to be paid

In Burns v Santander UK plc UKEAT/0500/10 the EAT considered an unlawful deductions from wages claim from a prisoner on remand, agreeing with the Tribunal that his "contractual entitlement to pay ended when he did not provide consideration for it by attending work" because he had he had…
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