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Legal Updates: Legal Updates 2019

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ET seeks ‘worker’ status clarification from ECJ

An ET is seeking clarification from the ECJ on the proper interpretation of the “worker” classification under EU law, particularly around a gig-economy worker’s right to use substitutes. Personnel Today report that the Watford ET referred a series of questions to the ECJ.

Article by: Makbool Javaid | Published: 2 October 2019

Withdrawal of job offer was discrimination arising in consequence of disability

In Birtenshaw v Oldfield, O is disabled because of a mental health condition. She was employed by B, a provider of services for adults and children with special needs, as a care worker on a temporary basis. O applied for and was offered a permanent position, but subject to medical clearance.

Article by: Makbool Javaid | Published: 1 October 2019

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1 in 8 employers reluctant to hire women who may have children

A YouGov survey for Young Women’s Trust has found that a minority of employers - one in eight - say they would be reluctant to hire a woman who they thought may go on to have children. In the survey of 800 HR decision-makers, 12% were unsure about hiring women who may have children in the future.

Article by: Makbool Javaid | Published: 6 September 2019

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Injury to feelings assessed by effect of discriminatory treatment not gravity of the acts

The Vento guidelines for awards for injury to feelings indicate that the lowest band, currently £900-£8,800, is appropriate for less serious cases, such as where the act of discrimination is an isolated or one-off occurrence. In Komeng v Creative Support Limited an ET upheld K’s claim of direct race discrimination

Article by: Makbool Javaid | Published: 4 September 2019

The HRDirector Legal Updates

ICO changes guidance on timescales for responding to a subject access request

Following a ruling by the Court of Justice of the European Union, the ICO has updated its guidance on timescales for responding to a subject access request (SAR), as well as other individual rights requests. The timescale has now changed to reflect the day of receipt as ‘day one’.

Article by: Makbool Javaid | Published: 2 September 2019