HR Update: HR Update: disciplinary investigations, providing for rest breaks, the risks of covering up the real reason for dismissal and is vegetarianism protected under the Equality Act?
Jack Harrington
04/11/2019

What’s New?
This month we look at the latest statistics from the employment tribunal, ongoing questions about worker status, a proposal to reduce the qualifying age for the national living wage and additions to the Tier 2 shortage occupation list.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/643199_whats-new-october2019.pdf?dm_i=21HH,6K7OZ,TG9LI9,Q3OBW,1

Amendments to a disciplinary investigation did not render dismissal unfair In Dronsfield v The University of Reading the EAT considered whether an employee’s dismissal had been rendered unfair by amendments to an investigation report made as the result of legal advice.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/643200_investigation-report.pdf?dm_i=21HH,6K7OZ,TG9LI9,Q3OBW,1

Refusal of a rest break The EAT has held that a kitchen porter who complained about not having a rest break and was subsequently threatened with dismissal was subject to an unlawful detriment

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/643202_refusal-of-a-rest-break.pdf?dm_i=21HH,6K7OZ,TG9LI9,Q3OBW,1

Vegetarianism – lifestyle choice or protected belief? Under the Equality Act, it is unlawful to harass or discriminate against an employee because of religion or belief, but what sort of belief merits protection?  In a recent case an employment tribunal considered whether vegetarianism is a protected belief.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/643203_vegetarianism.pdf?dm_i=21HH,6K7OZ,TG9LI9,Q3OBW,1

Giving a false reason for dismissal was sufficient to shift the burden of proof In Base Childrenswear Ltd v Otshudi the Court of Appeal found that an employer giving a false reason for dismissal was sufficient to lead to a finding of race discrimination.

https://i.emlfiles4.com/cmpdoc/7/3/2/5/9/files/643204_burden-of-proof.pdf?dm_i=21HH,6K7OZ,TG9LI9,Q3OBW,1

Pannone Academy

News of the fine issued to PwC in this month’s update highlights the
importance for employers of understanding their obligations under the
GDPR.  As part of its range of employment law and HR courses, Pannone
Academy offers an introduction to the GDPR which outlines employer
obligations under the GDPR and will assist in training staff to ensure they are aware of these obligations. 
More details can be found online at https://www.pannoneacademy.com/

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