Employment Law Update

Religion and Belief in the Workplace

There have been a number of recent Employment Tribunal decisions where claimants have successfully argued that they have been discriminated against on the basis of their religion or belief.  As a result of these cases, what constitutes a religion or a belief has been expanded such that a belief in anti-fox hunting and anti-hare coursing, and a belief in the higher purpose of public sector broadcasting have given protection.  The decision in the case of Ms Hannah Adewole v Barking, Havering and Redbridge University Hospitals NHS Trust, however, appears to signal if not a change of approach by the Employment Tribunal, then a high-watermark in the broadening of the concept. 

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Driving Requirements

Contracts of employment contain express terms, which have been agreed by the parties and are stated in the contract, and implied
terms, which are not stated in the contract but apply nevertheless. 

In order for an Employment Tribunal to imply a term into a contract, in the Tribunal’s opinion, the parties must have intended it to form part of the contract.  This principle appears to have been circumvented in the case of Reilly v National Car Parks Ltd (“NCP”), where Mr Reilly was found to have been fairly dismissed for losing his driving licence, despite the requirement to hold a licence not being an express term in his contract of employment.

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Just to remind you, 1 October also marks the annual National Minimum Wage increase. This year the new hourly rates will be:

£6.08 for workers aged 21 and over  (up from £5.93)

£4.98 for workers aged between 18 and 20 (up from £4.92)

£3.68 for workers aged under 18 but above the compulsory school age who are not apprentices (up from £3.64)

£2.60 for apprentices in the first year of their apprenticeship and aged under 19 (up from £2.50)