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3 Things We Learnt In Law This Week (13 December 2018)

Is veganism a “philosophical belief” that should be protected by law?

An employment tribunal is being asked to decide whether veganism is a “philosophical belief” and therefore, should be protected by law.

The landmark case, which is listed for March 2019, will help determine whether veganism is a “philosophical belief” and therefore, should be legally protected.

The case concerns Mr Jordi Casamitjana, who says he was sacked by the League Against Cruel Sports, after disclosing it invested pension funds in firms involved in animal testing.

The BBC reports that the League Against Cruel Sports says Mr Casamitjana was dismissed for gross misconduct. However, Mr Casamitjana claims he was discriminated against because of his veganism.

If the tribunal decides that it is, the discrimination claim is expected to proceed to a full trial.

Deliveroo riders lose high court battle to gain union recognition

Riders hired by Deliveroo are not entitled to collective bargaining, the High Court has ruled.

The ruling confirmed a previous judgement by labour law body the Central Arbitration Committee (CAC).

The Independent Workers Union of Great Britain was attempting to overturn the verdict, reached in November last year, that the riders are self-employed, however, the court rejected claims that this categorisation breached their human rights.

Decisions by the CAC can be challenged in the High Court on a point of law, but the application for a judicial review was rejected.

Mr Justice Supperstone said Deliveroo riders were not “in an employment relationship” with the firm, so the right to collective bargaining did not apply.

The IWGB said it would appeal against the latest ruling.

Christmas party choking incident leads to unfair dismissal ruling

A bar manager choked by a chef at their work Christmas party has won a battle for unfair dismissal after finding CCTV footage of the incident.

Molly Phillips passed out after she was gripped by Nathan Webb, at the Cameo Club in Roath, Cardiff.

She was subsequently taken to hospital to get checked for a suspected stroke.

A tribunal at Cardiff Magistrates’ Court was told when she checked CCTV, she saw herself being choked.

Miss Phillips told company directors about the attack, but claims they dismissed her complaints and continued employing Mr Webb.

She brought an unfair dismissal claim against Pontcanna Pub Company Ltd, saying she felt unsafe and had to resign.

Judge Alison Frazer held that Miss Phillips “was constructively unfairly dismissed”.

If you need help and advice regarding Employment Law, please do not hesitate to contact me on 01133 50 40 30 or at emma.roberts@scesolicitors.co.uk.

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SCE Solicitors is a boutique employment law practice based in Leeds which advises clients nationwide.  Please note that the information in this blog is to provide information of general interest in a summary manner and should not be construed as individual legal advice. Readers should consult with SCE Solicitors or other professional counsel before acting on the information contained here.

Emma Roberts
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Emma Roberts

Emma is a trainee solicitor at SCE Solicitors. Emma commenced her training contract in September 2018 and is currently working in the employment law department assisting director Samira Cakali. Emma also assists in the running of the firm’s myHR service where she can support you in the day-to-day management of your staff.

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