Important Forthcoming Cases - July 2012

DS
DMH Stallard

Contributor

DMH Stallard is an award winning South East law firm with offices in London, Brighton, Gatwick, Guilford, Hassocks and Horsham. DMH Stallard has grown rapidly since it was established in 1970, and continues to maintain its focus on building long term relationships with clients to help deliver their goals and objectives.

The cases of Ladele and McFarlane v United Kingdom and Eweida and Chaplin v United Kingdom are due to be heard by the European Court of Human Rights in September.
United Kingdom Employment and HR

Right to manifest religion or belief

The cases of Ladele and McFarlane v United Kingdom and Eweida and Chaplin v United Kingdom are due to be heard by the European Court of Human Rights in September.  The two cases deal with claims made under the Employment Equality 2003 and focus on whether Article 9 of the European Convention on Human Rights was breached when Ms Ladele and Mr McFarlane were disciplined for refusing to carry out civil partnership ceremonies and respectively provide psycho-sexual counselling to same-sex couple and Ms Eweida was prevented from wearing a visible cross or crucifix at work.

Terminating employment with a PILON

The Supreme Court is due to hear an employee's appeal against the Court of Appeal's decision that his employment terminated on the date that the payment in lieu of notice monies were paid into his bank account, even though he was not aware of the payment (Societe Generale, London Branch v Geys).

Compromise agreements

The former editor of the News of the World has been given permission to appeal against a High Court ruling that an indemnity in his compromise agreement did not make News International liable to pay his legal fees in relation to the phone-hacking scandal.  The Court held that the words "any administrative, regulatory, judicial or quasi-judicial proceedings" in an indemnity provided by an employer to a former employee in a compromise agreement did not cover investigations by the police into alleged criminal behaviour by the employee (Coulson v Newsgroup Newspapers Ltd).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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