Labour & European Law Review
28 October 2015
The government has recently published draft regulations preventing employers from enforcing exclusivity clauses in zero hours contracts.
Under the Equality Act it is possible to make a claim for associative discrimination or victimisation. In Thompson v London Central Bus Company Ltd, the Employment Appeal Tribunal (EAT) held that an employee’s membership of a trade union which had protested about protected acts could result in an employee being victimised by association.
The Equality Act states that it is direct discrimination to treat a person less favourably “because of a protected characteristic”, but what if the claimant is a limited company? In EAD Solicitors LLP and seven ors v Abrams, the Employment Appeal Tribunal (EAT) held that although the reference to a protected characteristic in the Act is to the protected characteristic of the person suffering the detriment, it can extend to limited companies.