Labour & European Law Review
06 July 2016
The House of Commons is holding an inquiry into high heels and workplace dress codes, following a petition asking for the law to be changed attracted almost 150,000 signatures.
It is indirect discrimination to apply a provision, criterion or practice (PCP) in relation to a protected characteristic which puts a worker at a “particular disadvantage” when compared with someone who does not share that characteristic. In Pendleton v Derbyshire County Council the Employment Appeal Tribunal (EAT) held that it was indirect religious discrimination for the school to apply a PCP of dismissing teachers for not leaving their spouse after a sex offence conviction.
Regulation 12(1) of the Working Time Regulations (WTR) states that workers are entitled to a rest break of 20 minutes when working for more than six hours per day. In Santos Gomes v Higher Level Care Ltd, the Employment Appeal Tribunal (EAT) held that when compensation is awarded for a failure to provide rest breaks, this cannot include compensation for injury to feelings.