Penningtons Manches

UK 200 2014 position: 60

Hotels and leisure update — April 2014: top 10 employment law issues affecting the hospitality sector in 2014

By Julian Yew

What does 2014 hold for the HR hospitality industry? This article summarises the key legal developments for hoteliers, restaurateurs and food service caterers.

TUPE 2014: The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 introduce a number of changes to existing transfer laws that will benefit contract caterers, particularly incoming contractors or insourcers, from 31 January 2014. There will be more flexibility to change contractual terms and effect dismissals after a transfer and manage redundancy and TUPE consultation at the same time.

Should employers operate a no-pork, no-alcohol, Kosher-only policy to avoid indirect discrimination because of religion by their staff? M&S did so but faced furious backlash from its customers over its Muslim policy, according to a Daily Telegraph report on 14 January. In the meantime, the Court of Appeal held in Mba v Mayor and Burgesses of the London Borough of Merton [2013] that there is no requirement for an employee to demonstrate that a refusal to work on a Sunday is a ‘core component’ of the Christian faith. However, any potential indirect discrimination was justified by the employer as there was no ‘viable and practical’ alternative but to require the employee to work on Sundays as required by her employment contract. To avoid indirect discrimination claims, always ensure that you have sound operational reasons for your practice and demonstrate that you have tried to accommodate the employee’s request…

Click on the link below to read the rest of the Penningtons Manches briefing. 

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