Labour & European Law Review
08 April 2015
An Acas study has revealed that agency workers are often unaware of their employment rights and are afraid of raising workplace concerns due to fears over job security.
The Equality Act allows employers to justify discrimination if they can show that it is a proportionate means of achieving a legitimate aim. In Land Registry v Houghton and ors, the Employment Appeal Tribunal (EAT) held that a rule in a bonus scheme which excluded people who had been given a formal warning for sickness absence was discriminatory.
In cases of gross misconduct, employers have to carry out a reasonable investigation to show they have reasonable grounds for their belief. In Shrestha and Genesis Housing Association Ltd, the Court of Appeal held that it was not necessary for employers to investigate each line of an employee’s defence when carrying out their investigation.