Welcome to our June edition

This month's e-alert brings news of the House of Lords' decision in the case of St Helens Borough Council -v- Derbyshire & others: the dinner-lady-victimisation case, which regular readers may be familiar with. Also, we report on the implied duty to work flexibly, the construction of the term 'worker' within the whistleblowing legislation and the recent amendment to the Employment Equality (Religion or Belief) Regulations. Looking forward to 1 July, our Q&A focuses on smoking at work. Finally, the clause clinic looks at confidentiality clauses.

Focus on Victimised Dinner Ladies

The House of Lords had given its judgment in the case of St Helens Borough Council -v- Derbyshire & ors. It upheld the Tribunal’s decision that letters sent to the school dinner ladies, who were pursing equal pay claims against the Council, which stated that continuing these claims could lead to redundancies and deprive children of school dinners, amounted to victimisation under the Sex Discrimination Act 1975. Learn more.

Q&A

The Health Act 2006 means that smoking in all enclosed public spaces and workplaces was outlawed from 2 April in Wales, from 30 April in Northern Ireland and will be outlawed, from 1 July, in England. For employers this raises further issues:

1. Employees have been saying that the fact they have been smoking at work for years means they have a right to continue. Is this the case?
There is no right to smoke at work. Learn more.

2. Do I have to provide smoking facilities outside the building?
There is no legal obligation on employers to provide facilities.
Learn more.

3. Can employees claim they suffer from an addiction under the Disability Discrimination Act?
No. Addiction to nicotine is not covered under the Act.

4. What about the Human Rights Act - can smokers claim under that?
Legal opinion suggests they would have no right of redress here. Learn more.

5. I am an employer who smokes. How can I get my reluctant workforce to take the new ban seriously?
There are a series of steps you could take. Learn more.

6. I think one or two staff, who see smoking as their last remaining pleasure, will cause real problems. What can I do?
As an employer you cannot ignore the ban. Learn more.

7. What if customers insist on smoking on my premises?
In this case the customer isn’t always right. Learn more.

Clause Clinic

Confidentiality clauses tend to be divided into two: relating to confidentiality during employment and post-termination.

During Employment
Following the memorably named 1986 case Faccenda Chicken Ltd -v- Fowler, it is implied into all contracts that during employment an employee shall not reveal confidential information. Learn more.

Post-Termination
After employment, only trade secrets and equivalent highly confidential information may be protected by the implied term. Learn more.

Case Round Up

Agency Workers and Whistleblowing
The case of Croke -v- Hydro Aluminium Worcester Ltd, clarifies the position of whitleblowing agency workers. Learn more.

Duty to Work Flexibly
The EAT has handed down a decision concerning the question whether there is an implied contractual term imposing a duty to work flexibly on a temporary basis. Learn more.

Legislation

An important amendment to the Employment Equality (Religion or Belief) Regulations 2003 took effect on 30 April. Learn more.