EMPLOYMENT LAW TRAINING AND EMPLOYMENT LAW CONSULTANCY

Section Four

 

On the lighter side..........?

Confused?

The Court of Appeal has recently held that a male to female transsexual, who married his wife years before the sex change, (and who turned 60 before the Gender Recognition Act was in force) is entitled to a state pension at 60 as a female; even though she is still married … and has a wife!

This is not a gay pub!

In a recent UK EAT decision, it was reported that the employer was transforming a formerly "gay pub" into a gastropub. While this was in itself not a problem, the methods of doing so (including asking the claimant to display a board outside saying "this is not a gay club" and asking him to seat customers who did not appear to be gay in prominent positions) amounted to less favourable treatment of gay customers and was offensive to the claimant.

Sacked over a Muffin!

The general manager of a café saw an employee enter a lift with a muffin (no description of the muffin provided in the case report!).This was a breach of the rules so he was dismissed; but unfairly said a tribunal due to lack of proper procedure.

Moony is sexual harassment!!

A Receptionist at Balfour Beatty Rail Ltd. complained to the HR Dept that a male colleague had bent over and bared his bottom at her during banter (as you do?). She alleged that she had seen his genitals; the man was suspended and he sent a written apology to her. In the disciplinary hearing he disclosed (reluctantly) that he had undergone gender reassignment surgery (female to male) so does not possess male genitalia despite presenting as a man. Despite the interesting defence, he was dismissed and the Receptionist won compensation in Tribunal for injury to feelings. This was reported as £4500, with £3500 from the Employer and £1000 from the mooner.

Undercover HR

A German Court has ruled that employers can require female employees to wear a bra at work (why not men???). In a dispute involving airport security workers, the State Labour Court said that bosses were within their rights to tell staff to wear appropriate underwear, even down to the colour, if it was visible through the uniform. Rules on short fingernails and well trimmed beards were also reasonable and enforceable said the court; although not too many women breached the well trimmed beard ruling presumably.

Heaven can wait – retirement jokes

Right now I'm having amnesia and deja vu at the same time. I think I've forgotten this before.

Viagra is now available in powder form for your tea. It doesn't enhance sexual performance but it does stop your Garibaldi biscuit going soft.

The question isn't at what age I want to retire; it's at what income.

There is an enormous number of employees who have retired on the job.

Equal opportunities (thank you Kate Russell of Russell HR for this)

A job advert read: Wanted - administrator - good typist and able to use Excel. Successful applicant must be bilingual. We are an Equal Opportunities Employer. A dalmatian applied for the job. He typed a perfect business letter, then produced a sample spreadsheet and database using Excel.

The interviewer was dumbfounded. He said to the dalmatian, “You have fantastic talent, but I can’t hire a dog.”

The dog went to the sign in the window and pointed his paw at the words, “Equal Opportunities Employer.”

The interviewer said, “Yes, I know what the advert says. But you also have to be bilingual.”

The dog looked him straight in the eye and said calmly, “Meow.”

Thanks for reading... the next update is April 2012.

Best wishes, Derek
www.eltraining.co.uk
01789 470700