Labour & European Law Review
28 September 2016
New research for Acas examined the ways in which dress codes and appearance policies impact on organisations and employees. Following a number of recent high profile legal cases on dress codes and appearance at work the study reiterates the need for organisations to be aware are the legal issues.
The Court of Justice of the European Union (CJEU) has held in Kratzer v R+V Allgemeine Versicherung AG that someone who applies for a job in order to bring a compensation claim cannot rely on EU law for protection. And if the only reason they applied for the job was to obtain an undue advantage, then their actions could constitute an abuse of rights.
The law states that if an employer does not agree a valid request for recognition for collective bargaining purposes from a union, the union can ask the Central Arbitration Committee (CAC) to decide whether the proposed bargaining unit is appropriate. In R (on the application of Lidl Ltd) v CAC and GMB, the High Court held that the union’s proposed bargaining unit was compatible with the need for effective management and therefore was appropriate in nature.