Category Archives: Employment Law

CentreforLawandSoc

Does my bum look big in this? Then what adjustments are you going to make?…

Dr Mark Butler

The European Court’s judgment in Kaltoft was handed down on 18th December 2014, and unsurprisingly, sits broadly in line with the Opinion of Advocate General Jaaskinen, which was handed down on 17th July 2014.

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CentreforLawandSoc

Emma Watson, Gender Equality and the Apprentice: you’re fired, unless you wear plenty of makeup, a short skirt…

Dr Mark Butler

Discrimination- misconceived views

The fight for equality between on gender grounds has been one that has been ongoing for some time (the EU and the United Nations playing key roles), but there is clearly a lot that still needs to be done. The gender pay gap is clear evidence of this; female workers in the UK currently earning on average 19% less than their male counterparts. Although this is considered an ‘improvement’ from the historical context, this serves to highlight that we are still some way off achieving equality. This is exacerbated when one considers that workers in atypical and marginal employment relationships, for example part time workers, earn over 1/3 less per hour than their full time counterparts (according to the Office of National Statistics in 2012), and that many of these positions are filled by female workers. However, having recently watched over the HeForShe speech given by Emma Watson, and having endured the new bunch of “business leaders” on the Apprentice, it did get me thinking about gender equality in business, and this blog encapsulates those musings.

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(c) Paul Blank

The Managerial Merry-go-round: from Moyes to Van Gaal and everyone in-between… The employment law implications

Dr Mark Butler

Introduction

As the premier league season drew to an end on 11 May 2014 the inevitable question was who would be the next manager to be sacked. The season had already seen a number of high profile dismissals, including Paulo Di Canio from Sunderland (less than six months after being appointed), Martin Jol from Fulham (2 ½ years into his reign), Andre Villas-Boas from Tottenham Hotspur (17 months after taking charge), Malky Mackay from Cardiff City (2 ½ years in charge), Michael Laudrup from Swansea City (less than 12 months in charge) and Chris Hughton from Norwich City (just under two years in charge). However, the dismissal that attracted most media interest was that of David Moyes (formerly) of Manchester United, who received his marching orders on 22nd April 2014, only 10 months in to a reported six year contract.

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© Brenda Kock, Creative Commons Licensed for reuse

Hi-ho, hi-ho it’s off to Europe Woolies will go…

Dr Mark Butler

The case of USDAW v Ethel Austin Ltd (in administration) and another, which is more commonly referred to as the Woolworths litigation, continues to rumble on, with it having made a brief appearance before the Court of Appeal on 22nd January 2014, which concluded with the Court referring the matter to the Court of Justice of the European Union (‘CJEU’) through the preliminary reference procedure under Article 267 Treaty on the Functioning of the European Union.

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Sharifi socialmedia

Social Media: A New opportunity or a new threat for retail loss prevention?

Samantha Al-Sharifi

A major challenge facing retail loss prevention (security guards etc.) today is incorporating new technologies into existing policies and practices. Despite the current bleak economic climate, in 2012-2013, retailers in the UK invested £995 million on technology designed to reduce shoplifting and employee theft (Centre for Retail Research 2013). New technologies in loss prevention are emerging every year which introduces new opportunities, but, also pose new threats.

In 2013 social media was identified as one on the key emerging trends in retail loss prevention. There are few people who would deny that social media has changed the way we interact with the world. People can now ‘update their status’, ‘tweet’ or ‘Instagram’ a photograph which can be instantly viewed globally by any individual.

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christiancrossreligiousdiscrim

Religion and Belief Discrimination: all about “core principles”? – Mba v London Borough of Merton [2013] EWCA Civ 1562

Dr Mark Butler

The recent decision of Mba v London Borough of Merton [2013] EWCA Civ 1562 saw the Court of Appeal once again have the opportunity to consider the issue of religious discrimination; this time due to a complaint brought by a worker who complained that having to work on a Sunday was treating her less favourably due to her Christian beliefs, with her belief that Sunday should be a day of rest being a “Core Christian Belief”.

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