February 2014

1. Employment Law Update • Karen Plumbley-Jones February 2014

2. Contents • Major recent cases • New employment legislation • Employment law news • Action points

3. Tirkey v Chandok and another (ET) • Could a claim for caste discrimination be brought under the Equality Act? • Ms Tirkey was employed as a domestic servant and was of a low caste • She was treated very badly by her employers and claimed race and religion/belief discrimination • ET: race includes ethnic origin, which is wide enough to include caste and descent • Therefore Ms Tirkey could bring her claim • Tribunal decision so not binding and may be appealed • Equality Act to be amended to include caste (2015?)

4. Olivier v Department of Work and Pensions (ET) • Was a belief in democratic socialism a philosophical belief under the Equality Act? • Mr Olivier was elected as a Labour councillor and had a letter that criticised the Government published in a paper • He was dismissed and claimed unfair dismissal and discrimination • ET: support of a political party is not enough but a belief in democratic socialism is protected • Tribunal decision so not binding

5. Naeem v Secretary of State for Justice (EAT) • Mr Naeem started work in 2004 as a Muslim prison chaplain • Until 2002, the Prison Service only employed Christian chaplains • Pay system was linked to length of service • Nr Naeem claimed religious and race discrimination • EAT dismissed his claims • Length of service criterion did not place Muslim chaplains at a particular disadvantage • Any chaplain, of whatever religion or race, who was appointed after 2002 was treated in the same way

6. Norbrook Laboratories (GB) Ltd v Shaw (EAT) • Did three emails amount to a qualifying disclosure for the purposes of whistle-blowing? • Mr Shaw managed a team of territory managers, who drove to customers to obtain sales • During heavy snow, Mr Shaw sent three emails raising concerns about the dangers of driving in the snow • Two emails went to h&s manager; one went to HR team • Mr Shaw was dismissed and claimed automatic unfair dismissal and whistle-blowing • EAT: email correspondence taken as a whole was a qualifying disclosure, even though each email on its own was not

7. Employment legislation • Deregulation Bill – abolishes tribunals' power to make wider recommendations in discrimination cases • Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014 – includes provisions relating to a trade union's duty to keep a list of members • Legal Aid, Sentencing and Punishment Act 2012 – reforms to offender rehabilitation come into effect on 10 March • ET limits increase on 6 April • Maximum compensatory award: £76,574 (or 52 weeks' pay if less) • A week's pay: £464 • Maximum basic/SRP: £13,920 • Statutory rates of pay rise on 6 April • SSP: £87.55 per week • SMP/SPP/SAP: £138.18 per week

8. News • ACAS good practice guidance on dealing with questions regarding discrimination in the workplace • ACAS guide to managing requests to breastfeed at work • Extension of flexible working to be introduced on 30 June • Percentage threshold scheme to be abolished from 6 April

9. Action points • Look out for possible race discrimination claims from those who allege caste discrimination • Be careful about disciplining or dismissing employees with known political beliefs or affiliations • Read the ACAS guidance on dealing with discrimination questions • Review and update your flexible working policy

10. Thank you for listening to this podcast • Our CPD provider code is • 036/BODI

11. If you have any queries, please get in touch withyour usual contact in the Employment team.

12. February 2014 • Employment law update • Karen Plumbley-Jones