The European Court of Justice has held that a direct religious discrimination claim in which an employee who wears an Islamic headscarf is dismissed to appease a customer cannot be defended on the basis of a "genuine and determining occupational requirement".
The European Court of Justice has held that a ban on religious dress that prevents a Muslim woman from wearing an Islamic headscarf when in contact with clients cannot be directly discriminatory, but is potentially indirectly discriminatory.
This tribunal decision concerns a long-serving employee who was dismissed for making derogatory comments about his colleagues and his employer that he had posted on Twitter up to three years previously.
XpertHR's latest research on Christmas and New Year working arrangements finds that employers will spend an average of £27,000 on celebrations during the 2016/2017 holiday period.
In Begum v Pedagogy Auras UK Ltd t/a Barley Lane Montessori Day Nursery EAT/0309/13, the EAT upheld an employment tribunal decision that there was no religious discrimination against a Muslim interviewee who was asked by the interviewer if she could wear religious clothing that did not present a trip hazard.
The Advocate General has suggested that an employer cannot have a blanket ban on religious dress that prevents a Muslim woman from wearing an Islamic headscarf when in contact with clients.
The Advocate General has said that it is not direct religious discrimination for an employer with a policy of religious and political neutrality to prevent a Muslim employee from wearing an Islamic headscarf.
The Employment Appeal Tribunal (EAT) has considered the fairness of a dismissal for uploading obscene material onto a work cloud storage account, when the employee argued that password sharing was "widespread" in his workplace.
In Barbulescu v Romania  IRLR 235 ECHR, the European Court of Human Rights held that an employer did not breach its employee's human rights when it monitored his private use of a business messaging account.
HR and legal information and guidance relating to personal appearance and behaviour.