In Cherfi v G4S Security Services Ltd [EAT/0379/10], G4S Security Services Ltd (G4S) had a contract to provide security services for Land Securities Trillium (LST). The contract stated that a certain number of security guards must be on a work site for a certain number of hours each day. As a result of this, G4S required that all of its security guards must stay at their work sites during their lunch breaks.
Mr Cherfi was a Muslim. G4S did not allow him to leave his work site to attend Friday lunchtime prayers at a local mosque. Mr Cherfi claimed that the requirement for him to stay at his work site on Friday lunchtimes was unlawful indirect religious discrimination.
The EAT disagreed. The requirement for Mr Cherfi to stay at work on Friday lunchtimes was a proportionate means of achieving G4S operational needs – in order to comply with the LTS contract. G4S could incur financial penalties if it did not comply with the LTS contract or lose the LTS contract if a certain number of security guards were not at a work site.
G4S had considered changing Mr Cherfi’s working days so that he could attend Friday prayers - it had proposed that Mr Cherfi could work on Saturday or Sunday instead of Friday – but he did not want to work on those days.
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24 May 2011
Indirect religious discrimination was justified
16 May 2011
Consultation paper on flexible parental leave
The Government has published a consultation paper about flexible parental leave. The consultation period will end on 8 August 2011.
The Government’s proposals set out in the consultation paper include:
Flexible parental leave: replacing additional paternity leave with flexible parental leave
Flexible working: extending the right to request flexible working to any employee who has been employed for 26 weeks.
Equal pay: a tribunal may order the employer to conduct a pay audit where an equal pay claim has been successful.
Working time regulations (WTR): amending the WTR so that annual leave can be carried over to the next leave year.
The consultation paper is available on the BIS website.
The Government’s proposals set out in the consultation paper include:
Flexible parental leave: replacing additional paternity leave with flexible parental leave
Flexible working: extending the right to request flexible working to any employee who has been employed for 26 weeks.
Equal pay: a tribunal may order the employer to conduct a pay audit where an equal pay claim has been successful.
Working time regulations (WTR): amending the WTR so that annual leave can be carried over to the next leave year.
The consultation paper is available on the BIS website.
6 May 2011
New guide on Agency Workers Regulations
A new guide on the Agency Workers Regulations is available at the BIS website.