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NHS Nurse wins discrimination case after being told to remove cross necklace

In Mrs Onuoha v Croydon Health Services NHS Trust Mrs Onuoha is a devout Catholic. One of her religious beliefs is that it is important to manifest her faith by wearing a cross. She has, since a young age done this by wearing a necklace with a cross pendant on it. Mrs Onuoha spent around 70% of her duties in theatre. Her Cross-Necklace was visible when she was wearing scrubs. However, it was not visible when she was working as scrubbed in nurse. It was covered by the neck to wrist surgical covering.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 17 January 2022

75-year-old woman wins age discrimination case against Asda

In the case of Hutchinson v Asda Stores Joan Hutchinson was employed as a shop floor assistant within the George clothing department working 25.3 hours a week. She enjoyed her role and was well liked by her colleagues. Her responsibilities included stripping deliveries, merchandising on the shop floor, following planograms for new modules, ticketing sale, tidying and sizing the department and delivering customer service.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 14 January 2022

Employer loses appeal against ACAS uplift after sacking two employees for becoming pregnant at the same time

In Slade and others v Biggs and others Mrs Melissa Biggs and Ms Roxanne Stewart were both employed by Aethelbert Limited, which operates Woodlands Castle and Maunsel House in Somerset as venues for weddings and other events. These are properties which belong to Sir Benjamin Slade or to entities related to him.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 13 January 2022

women

New data shows there won’t be gender equality in local councils until 2077

Data released by leading gender equality campaigning charity, the Fawcett Society, shows that just 34% of the 4,980 councillors elected in May were women. This means that, at this rate of change, there won’t be gender parity in local councils until 2077 – over 50 years away. Across England women make up just 35% of the total number of councillors – less than a 1% increase since the 2019 elections.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 12 January 2022

Morrisons team leader loses unfair dismissal claim after pulling colleague’s hijab down

In the case of Mrs Natalie McGonigle v WM Morrisons Supermarkets Plc a supermarket team leader pulled down her Muslim colleague's hijab without her consent on 'two separate occasions' in acts which were deemed 'disrespectful' towards the colleague's religion. The East London tribunal heard Mrs McGonigle had worked for Morrisons for four years and at the time of the incident when managers at the store received a complaint that Mrs McGonigle had twice pulled down her colleague's hijab without her consent the previous month.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 11 January 2022

Tribunal rules that fear of catching Covid is “not a protected belief”

Legal Futures reports that a woman’s fear of catching Covid-19 and the need to protect herself and others is not a philosophical belief for the purposes of the Equality Act 2010. Employment Judge Mark Leach in Manchester said this meant she was not discriminated against on the grounds of religion or belief when she refused to go to work.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 10 January 2022

Working Time Directive

Manager loses unfair dismissal claim after saying he was sick to go and catch a flight

In Collins v Steris IMS Ltd Ross Collins was a  medical firm manager who was sacked after he told bosses he had to go home sick - but was photographed at the airport hours later with a burger and pint, a tribunal heard. Mr Collins had booked time off work for a trip to Cyprus from the following day when his flight was actually booked due to take off 24 hours earlier.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 7 January 2022

SNP calls for employment law to be devolved to close gender pay gap

The SNP has called on the UK Government to either strengthen employment law or devolve it to Holyrood in order to close the ongoing gender pay gap. In 2021 the average woman in Scotland earned 11.6 per cent less than the average man, according to Office for National Statistics (ONS) figures, while across the UK as a whole the average woman earned 15.4 per cent less.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 7 January 2022

Primary school teacher sacked over viral video of her kicking a horse

An employee’s actions outside of work can have repercussions on their employer even over incidents that occur in their private life especially if posted on social media. Sarah Moulds, a primary school teacher, was sacked by her school after footage of a horse being hit by a woman went viral.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 6 January 2022