Labour & European Law Review
08 June 2016
The Advocate General of the European Court of Justice has said that it is not religious discrimination for an employer to stop an employee from wearing an Islamic headscarf at work.
The law requires claimants to record the number of their Acas early conciliation certificate on their ET1 form. The Employment Appeal Tribunal (EAT) held in Adams v British Telecommunications plc that if a claimant presents a second claim out of time because they inserted the wrong number on the original form, tribunals should focus on whether it was reasonable for the claimant to have believed that they had correctly presented the first claim on time.
Article 8 of the European Convention on Human Rights gives everyone the right to “respect for his private and family life, his home and his correspondence”. In Garamukanwa v Solent NHS Trust, the Employment Appeal Tribunal (EAT) held that Article 8 did not apply where an employer relied on personal e-mails and photographs stored on an employee’s iPhone obtained from the police when dismissing them.