Claimant groups: 85% of injured workers not compensated – Law Society’s Gazette

‘More than 85% of people injured or made ill at work do not recover any compensation, a new report has stated.’

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Law Society’s Gazette, 16th April 2014

Source: www.lawgazette.co.uk

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War Horse musicians lose court bid for reinstatement – The Guardian

Posted April 16th, 2014 in contracts, employment, news, theatre by tracey

‘Five musicians who performed as a live band for four years in the West End production of the National Theatre’s hugely successful War Horse, but were then replaced by a recorded soundtrack, have lost their bid to be reinstated. But Mr Justice Cranston told Neyire Ashworth, Andrew Callard, Jonathan Eddie, David Holt and Colin Rae that their prospects at trial for a breach of contract by the National Theatre were “strong”.’

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The Guardian, 15th April 2014

Source: www.guardian.co.uk

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Supreme Court to hear case on EU migrants and temporary inability to work – Local Government Lawyer

‘The Supreme Court has agreed to hear an EU national’s appeal over a ruling that he was not eligible for housing assistance from a local authority as his inability to work was not temporary.’

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Local Government Lawyer, 14th April 2014

Source: www.localgovernmentlawyer.co.uk

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Supermarket staff could win millions in equal pay cases – The Guardian

Posted April 14th, 2014 in compensation, employment, equality, news, remuneration, women by sally

‘Supermarkets may have to pay millions of pounds in higher wages and back pay to store staff, mainly women, if test cases for equal pay being brought by 400 workers are successful.’

Full story

The Guardian, 11th April 2014

Source: www.guardian.co.uk

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Early learning – New Law Journal

Posted April 10th, 2014 in arbitration, dispute resolution, employment, news, regulations, time limits by sally

‘The early conciliation scheme packs some hidden complexities notes Charles Pigott.’

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New Law Journal, 10th April 2014

Source: www.newlawjournal.co.uk

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Job-hunting with a criminal past – BBC News

Posted March 31st, 2014 in criminal records, employment, news, recidivists, statistics by sally

‘A change in the law means thousands of ex-offenders looking for work will have their records wiped far sooner. But what is job-hunting like for those with a criminal past?’

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BBC News, 28th March 2014

Source: www.bbc.co.uk

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‘You can’t wear that here’ – OUP Blog

‘When a religious believer wears a religious symbol to work can their employer object? The question brings corporate dress codes and expressions of religious belief into sharp conflict. The employee can marshal discrimination and human rights law on the one side, whereas the employer may argue that conspicuous religion makes for bad business.’

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OUP Blog, 26th March 2014

Source: www.blog.oup.com

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Not sex discrimination to dismiss employee for post-natal depression absence after maternity leave finished, says UK EAT – OUT-LAW.com

‘It was neither sex discrimination nor discrimination related to pregnancy or maternity leave to dismiss an employee for excessive absences due to post-natal depression that took place after her maternity leave had ended, the Employment Appeal Tribunal (EAT) has found.’

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OUT-LAW.com, 12th March 2014

Source: www.out-law.com

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APIL granted permission to challenge HMRC policy on mesothelioma victims’ work records – Litigation Futures

‘The High Court is this week hearing a judicial review that claimant lawyers hope will strike down the deeply unpopular policy of HM Revenue & Customs that means it will only release the employment history of a mesothelioma victim to their lawyer with a High Court order.’

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Litigation futures, 12th March 2014

Source: www.litigationfutures.com

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Napoli v Ministero della Giustizia – Dipartimento dell’Amministrazione penitenziaria – WLR Daily

Posted March 12th, 2014 in EC law, employment, equality, law reports, public interest, sex discrimination, women by tracey

Napoli v Ministero della Giustizia – Dipartimento dell’Amministrazione penitenziaria: (Case C-595/12);   [2014] WLR (D)  115

‘Article 15 of Parliament and Council Directive 2006/54/EC precluded national legislation which, on grounds relating to the public interest, excluded a woman on maternity leave from a vocational training course which formed an integral part of her employment and which was compulsory in order to be able to be appointed definitively to a post as a civil servant and in order to benefit from an improvement in her employment conditions, while guaranteeing her the right to participate in the next training course, the date of which was nevertheless uncertain. Article 14(2), which provided that a difference of treatment based on a characteristic relating to sex did not constitute discrimination in relation to particular occupational activities, did not apply since the national legislation did not limit a specified activity solely to male workers but only delayed access to that activity for female workers who had been unable to receive full vocational training as a result of compulsory maternity leave. Both articles 14(1)(c) and 15 were sufficiently clear, precise and unconditional to have direct effect.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

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Reforms to help reduce reoffending come into force – Ministry of Justice

Posted March 11th, 2014 in criminal records, disclosure, employment, press releases, rehabilitation by tracey

‘Reforms which will cut the amount of time some offenders need to disclose details of any low level convictions come into effect today, Justice Minister Simon Hughes.’

Full press release

Ministry of Justice, 10th March 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Reoffending reforms – no refinement of relevance – Halsbury’s Law Exchange

Posted March 11th, 2014 in criminal records, disclosure, disqualification, employment, news, rehabilitation by tracey

‘The Government has today announced their long-awaited reforms to disclosure of previous convictions for rehabilitated offenders.’

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Halsbury’s Law Exchange, 10th March 2014

Source: www.halsburyslawexchange.co.uk

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Purple Parking workers win ageism battle after dozens sacked for ‘being too old’ – The Independent

‘Britain’s biggest airport car parking company, Purple Parking, has admitted age discrimination against its workers after it sacked dozens of them for being too old.’

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The Independent, 10th March 2014

Source: www.independent.co.uk

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Redbridge London Borough Council v Dhinsa and another – WLR Daily

Posted February 28th, 2014 in employment, law reports, police, unfair dismissal by sally

Redbridge London Borough Council v Dhinsa and another [2014] EWCA 178; [2014] WLR (D) 97

‘Section 200 of the Employment Rights Act 1996 was apt to exclude a parks police constable from claiming unfair dismissal where the Parks Police Service employing him was a “constabulary maintained by virtue of an enactment”, since, for the purposes of section 200(2)(a) of the 1996 Act, all members of the Service were “constables” who had made an appropriate declaration before a Justice of the Peace and the Service was also maintained by virtue of two enactments.’

WLR Daily, 26th February 2014

Source: www.iclr.co.uk

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Mohamud v W M Morrison Supermarkets plc – WLR Daily

Posted February 17th, 2014 in assault, employment, law reports, vicarious liability by sally

Mohamud v W M Morrison Supermarkets plc [2014] EWCA Civ 116; [2014] WLR (D) 68

‘Where an employee’s duties included interaction with customers but did not involve any element of keeping public order or exercising authority over them, the employer was not vicariously liable for an assault by the employee on a customer. The mere fact of contact between a sales assistant and a customer, which was plainly authorised by an employer, was not of itself sufficient to fix the employer with vicarious liability.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

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Police win forced retirement tribunal claim – BBC News

Posted February 6th, 2014 in age discrimination, employment, employment tribunals, news, police, retirement by sally

‘Five police forces could face paying out millions of pounds after officers who were forced to retire after 30 years won an age discrimination claim.’

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BBC News, 5th February 2014

Source: www.bbc.co.uk

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HSE guidance on working at height simplified, but underlying regulations remain unchanged, says expert – OUT-LAW.com

Posted February 3rd, 2014 in codes of practice, EC law, employment, health & safety, interpretation, news, standards by tracey

‘The Health and Safety Executive (HSE) has published new guidance on what the law requires of both employers and employees when people are working at height.’

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OUT-LAW.com. 31st January 2014

Source: www.out-law.com

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Proving and disproving discrimination – Cloisters

Posted January 29th, 2014 in burden of proof, employment, equality, harassment, news by sally

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:

a. How judges apply the burden of proof s136(2)(3) EA 2010
b. What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC
c. What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

Full story (PDF)

Cloisters, 14th January 2014

Source: www.cloisters.com

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Regina (Boots Management Services Ltd) v Central Arbitration Committee – WLR Daily

Regina (Boots Management Services Ltd) v Central Arbitration Committee [2014] EWHC 65 (Admin); [2014] WLR (D) 25

‘The right guaranteed by article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms of individuals to form and to join trade unions for the protection of their interests encompassed the right to engage in collective bargaining relating to the terms and conditions of employment of a particular group of workers.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

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Final TUPE amendment regulations provide “welcome clarification”, but uncertainties remain, says expert – OUT-LAW.com

Posted January 16th, 2014 in contract of employment, employment, news, redundancy, regulations, trade unions by tracey

‘Companies can now start “looking in earnest” at how to make changes to the regime governing protections for employees transferring to a new employer after the publication of final regulations clarified some outstanding questions about the new regime, an expert has said.’

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OUT-LAW.com, 15th January 2014

Source: www.out-law.com

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