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Headscarves, to ban or not to ban?

Jason Tang

Posted by Jason Tang | Trainee
On 27th March 2017

Just like buses, you wait for months for a Court decision to be made, then two come along at once. Last week two rulings were made by the European Court of Justice (ECJ) regarding the banning of headscarves in the work place by employers. With the decision in these two cases potentially having far reaching consequences for all employees and employers, have the judgements clarified this area of law, or have the rulings only muddied the water and opened the way for more discrimination?

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When is an “employee” not an employee?

Henna Elahi

Posted by Henna Elahi | Solicitor
On 23rd March 2017

The recent Court of Appeal decision in Pimlico Plumbers & Charlie Mullins v Gary Smith sets out important guidance for establishing employment status.

The Pimlico Plumbers case

Gary Smith is a plumber. Between August 2005 and April 2011 he carried out plumbing work for Pimlico Plumbers. In January 2011 he suffered a heart attack and was dismissed in May 2011. Mr Smith claimed that he was unfairly or wrongfully dismissed.

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Time off work for religious observance – what is the legal position?

Homa Wilson

Posted by Homa Wilson | Senior Associate
On 2nd March 2017

Mr Gareddu was employed by London Underground. He is a practising Roman Catholic from Sardinia. He claimed that his religious beliefs required him to travel to Sardinia each year (during August and September) in order to attend 17 religious festivals. In the past, his manager had approved his requests for five consecutive weeks’ leave on religious grounds. However, when a new manager refused (including on grounds that it was unfair to his colleagues) Mr Gareddu claimed that the refusal amounted to indirect religious discrimination.

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