HR Update: investigating misconduct, employment status in the gig economy, discriminatory dress codes and protected beliefs
Jack Harrington

What’s New?

This month we look at the new guidance on data protection for small businesses, increases to the national minimum wage, and the new employment bill announced in the Queen’s speech.,6PINI,NK38PB,QRZCO,1

Disciplinary investigations

In Sunshine Hotel Ltd v Goddard the EAT held that an employer must carry out as much investigation as is reasonable in the circumstances but this does not necessarily mean that a separate investigatory and disciplinary hearing is required in every case.—investigation.pdf?dm_i=21HH,6PINI,NK38PB,QRZCO,1

Protecting philosophical belief

In  two recent cases, the employment tribunal has explored the outer limits of what counts as a “philosophical belief” for the purposes of the Equality Act.–formatted.pdf?dm_i=21HH,6PINI,NK38PB,QRZCO,1

Substitution clause does not automatically prevent ‘worker’ status

In yet another case, Stuart Delivery v Augustine, the courts have confirmed worker status for couriers in the gig economy. The discussion in this particular case centres on the scope of substitution clauses and when such a clause can, or in this case cannot, mean that someone is genuinely self-employed.—stuart-delivery-v-augustine.pdf?dm_i=21HH,6PINI,NK38PB,QRZCO,1

Blanket “no beards” policy was indirectly discriminatory

In Sethi v Elements Personnel Services Ltd, an employment tribunal decided that a blanket “no beards” policy operated by a temping agency amounted to indirect religious discrimination against a practising Sikh who had been refused work based on that policy.,6PINI,NK38PB,QRZCO,1

Pannone Academy offers a range of employment law and HR courses designed to help companies ensure they operate within the law, with a clear focus on prevention rather than cure. More details can be found online at Pannone Academy

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