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06 June 2019 / Ian Smith
Issue: 7843 / Categories: Features , Employment
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Employment law brief: 6 June 2019

Ian Smith lays down the law on religious proselytising & safeguarding unwilling employees

  • Record keeping for working time purposes: problems ahead?
  • The effect of enhanced maternity pay.
  • Taming religious proselytising at work.
  • A paternalistic view of safety at work?

Decisions at higher court levels have dominated the last month’s case load in employment law. The ECJ have handed down a judgment on record keeping for working time purposes that may cause future problems here. In addition, the Court of Appeal have given judgment in cases concerning well-known problems relating to shared parental pay, the fluid boundary between holding religious views and unacceptable proselytising at work and the extent to which an employer may lawfully take steps to safeguard the employee’s health and safety even where that employee objects to those steps.

More records to be kept?

In Federacion de Servicios Comisiones Obreras v Deutsche Bank SAE C-55/18the ECJ have held that it is a requirement of EU law that employers maintain objective, reliable and accessible’ records allowing

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Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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