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.
David Malamatenios is a partner in the employment department at Colman Coyle Solicitors. He rounds up the latest rulings.
In this Romanian case, the European Court of Human Rights (ECHR) accepted that the employee's right to a private life had been affected when his employer accessed his Yahoo messages. However, the ECHR went on to hold that the employer's actions were justified in the circumstances and not in breach of art. 8 of the European Convention of Human Rights.
Updated to include information on Barbulescu v Romania, regarding monitoring employees' email and internet use in the context of disciplinary proceedings.
In The British Waterways Board (t/a Scottish Canals) v Smith EAT/0004/15, the EAT allowed an appeal against a tribunal's finding that the dismissal of an employee for posting offensive Facebook comments about colleagues and about drinking while on standby was unfair. The tribunal had substituted its own view of the seriousness of the conduct for that of the employer.
The Employment Appeal Tribunal (EAT) has held that procedural defects in an employee's dismissal for allegedly bullying a colleague who "unfriended" her on Facebook could be cured during the appeal stage.
In the first Scottish appellate decision on Facebook misconduct, the EAT has held that ordinary principles of law apply. The EAT held that the employment tribunal had erred in law and substituted its own views for those of the employer.
HR and legal information and guidance relating to personal appearance and behaviour.