Employment news - October 2018

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Testing the limits – no sexual orientation discrimination in "gay cake" case

In Lee v Ashers Baking Company Ltd the Supreme Court refused to extend the scope of associative discrimination, finding that it was not direct discrimination because of sexual orientation for a Christian bakery to refuse to provide a customer with a cake indicating support for gay marriage.

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No work, no holiday – holiday did not accrue during parental leave

The CJEU has confirmed in Ministerul Justitiei v Dicu that holiday does not accrue during parental leave, at least where the contract of employment is suspended.

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Employee's reaction to handling of harassment claim not foreseeable

In Piepenbrock v The London School of Economics and Political Science the High Court found that although the employer's handling of a harassment claim breached its duty of care to the accused employee, the severe depressive illness caused by the breach was not foreseeable.

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Getting technical – Law Commission consultation on tribunal reform

The Law Commission has issued a consultation paper asking for views on how the employment tribunal system could be reformed. The paper does not propose a major restructuring of the existing system, instead suggesting more limited technical changes.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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