Employment Edit – what's new in employment law

Outsourcing: safe to assume TUPE applies?; the Equality and Human Rights Commission has launched a call for evidence about how religion or belief may have affected experiences in the workplace.

28 August 2014

Welcome to Employment Edit, our regular update of the key employment law developments from the last couple of weeks:

  • Employers often find themselves in hot water in relation to disability discrimination and in particular the duty to make reasonable adjustments.  The Employment Appeal Tribunal has recently considered 2 cases on the importance of making reasonable adjustments during a redundancy process.  
  • The general assumption when an outsourcing contract changes hands, is that TUPE will apply.  However, the EAT case of Horizon Security Services Ltd v (1) Ndeze (2) The PCS Group is a useful reminder for contractors (whether incoming or outgoing) that there are occasions where TUPE won't apply.   
  • The Equality and Human Rights Commission (whose mandate from Parliament is to challenge discrimination and protect and promote human rights), has launched a call for evidence from both individuals and organisations about how their religion or belief, or that of other people, may have affected their experiences in the workplace and in using the services and facilities they need in everyday life. There have been a number of high profile legal cases brought recently involving manifestation of religion or belief and the EHRC will be using this initiative to strengthen their understanding of religion or belief in public life, improve knowledge about what happens in practice and ensure that existing laws are effective.

If you would like more information, or specific advice, please contact Roger Bull or get in touch with your usual Burges Salmon contact.

Key contact

Roger Bull

Roger Bull Managing Partner

  • Managing Partner 
  • Employment Disputes
  • Strategic HR Projects

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