Weekly issue 43

News in Brief

The president of employment tribunals has ordered that cases brought by people who have been forced to retire at 65, must be “stayed” pending the outcome of a case brought by Heyday (an offshoot of Age Concern).

Hair today, gone tomorrow

It is well established in law that Rastafarians (who wear dreadlocks as part of their beliefs) are not a racial group and cannot therefore claim race discrimination However, the Employment Appeal Tribunal (EAT) has now held in Harris v NKL Automotive Ltd that they can claim under the Employment Equality (Religion and Belief) Regulations 2003.

Framing fixed-term workers

The law states that, “in respect of employment conditions”, employers must not treat fixed-term workers less favourably than permanent staff, unless they can objectively justify it. In Del Cerro Alonso v Osakidetza-Servicio Vasco de Salud (2007, IRLR 911), the European Court of Justice (ECJ) said that “employment conditions” include length of service allowances.