Dentons - UK Employment Law Round-up

The Director of the SFO v. Eurasian Natural Resources Corporation Limited

October 31, 2018

In The Director of the SFO v. Eurasian Natural Resources Corporation Limited (ENRC), the Court of Appeal overturned the High Court's decision and held that documents prepared by external lawyers and forensic accountants for an internal investigation are protected by litigation privilege.

Employer's post-transfer removal of outdated allowance not void under TUPE

October 31, 2018

Changing terms and conditions following a TUPE transfer is a minefield for employers, with the penalty of changes being void if the reason for the change is found to be the transfer itself. Helpfully, however, the recent EAT case of Tabberer and Others v. Mears Ltd and Others has provided a clear example of where a change is permitted under the law.

Dismissed for remarrying: Religious discrimination at work

October 31, 2018

In the recent case of IR v. JQ, the Court of Justice of the European Union (CJEU) has held that the dismissal of a Catholic employee because he did not act in accordance with the religious ethos of his employer could constitute unlawful discrimination.

"Gay marriage" cake: refusal to supply was not discriminatory

October 31, 2018

In Lee v. Ashers Baking Company Limited and Others, the Supreme Court considered whether a bakery's refusal to supply a cake with a slogan supporting gay marriage was discriminatory on the grounds of sexual orientation or political opinion. It held that there had been no unlawful discrimination, overturning the decisions of the courts below.