‘Unfair’ dismissal of full-time mayor from role at a school could be justified, says EAT – OUT-LAW.com

‘A former member of staff at a school in Merseyside was not entitled to compensation when he was dismissed from his role, as his full-time work as the elected mayor of Liverpool was incompatible with him continuing as an employee, the Employment Appeal Tribunal (EAT) has ruled.’

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OUT-LAW.com, 17th April 2015

Source: www.out-law.com

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Academy terminating prior arrangement – Education Law Blog

‘In Anderson v Chesterfield High School UKEAT/0206/14/MC, Mr Anderson is currently the elected Mayor of Liverpool. This is an executive post and regarded as full-time. The position carries with it an annual allowance of almost £80,000. He had previously held positions as Councillor of Liverpool City Council, the Leader of the opposition on the Council and ultimately at the time of his election as Mayor, Leader of the Council, which was in effect a full-time post with an annual allowance of approximately £50,000.’

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Education Law Blog, 16th April 2015

Source: www.education11kbw.com

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Shared parental leave rules come into force in UK amid small business fear – The Guardian

Posted April 7th, 2015 in adoption, employment, maternity leave, news, parental rights, paternity leave by sally

‘New rules heralding Scandinavian-style shared parental leave of up to 50 weeks come into force this weekend as concerns continue that many employers are not ready for the “complicated and challenging” changes.’

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The Guardian, 3rd April 2015

Source: www.guardian.co.uk

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A4e staff jailed for DWP back-to-work training fraud – BBC News

Posted April 1st, 2015 in conspiracy, employment, forgery, fraud, government departments, news, sentencing by sally

‘Six employees at a back-to-work recruitment company have been jailed for a fraud that saw them falsely claim almost £300,000.’

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BBC News, 31st March 2015

Source: www.bbc.co.uk

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Small Business, Enterprise and Employment Act 2015 – legislation.gov.uk

Posted April 1st, 2015 in employment, legislation, small businesses by sally

Small Business, Enterprise and Employment Act 2015 published

Full text of Act

Source: www.legislation.gov.uk

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Council to bring judicial review action over DCLG direction on newspaper frequency – Local Government Lawyer

Posted March 25th, 2015 in advertising, budgets, employment, housing, judicial review, local government, media, news by sally

‘The Royal Borough of Greenwich is to bring judicial review proceedings after the Communities Secretary earlier this month served the authority with a direction requiring it to cut publication of its weekly newspaper.’

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Local Government Lawyer, 24th March 2015

Source: www.localgovernment.co.uk

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Are Covert Recordings Admissible? – No. 5 Chambers

‘Charles Crow reviews recent decisions in relation to covert recordings by employees and the implications for Tribunals and employers.’

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No. 5 Chambers, 12th January 2015

Source: www.no5.com

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The Equality Act 2010: The interplay of the employment and educational protections – No. 5 Chambers

Posted March 18th, 2015 in appeals, education, employment, equality, news, sex discrimination, tribunals by sally

‘In this case the legislative framework at play was the interplay between the education and employment protections in the Equality Act 2010 (‘the Act’). S56(5) was the particular provision under the microscope, which provides that training or guidance covered by s91(within the education provisions of the Act) falls outside the employment services protection afforded by s55; it provides that s56 ‘does not apply in relation to training or guidance for students of an institution to which s91 applies in so far as it is training or guidance to which the governing body of the institution has power to afford access’.’

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No. 5 Chambers, 12th January 2015

Source: www.no5.com

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Modern slavery bill amendment rejected by MPs – The Guardian

Posted March 18th, 2015 in bills, employment, forced labour, immigration, news, visas by sally

‘MPs have rejected an amendment made by the Lords to the modern slavery bill, which would allow migrant workers to change employer.’

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The Guardian, 17th March 2015

Source: www.guardian.co.uk

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Variation of employment contracts – Hardwicke Chambers

Posted March 17th, 2015 in amendments, contract of employment, employment, employment tribunals, news by sally

‘If employers want to vary a contract of employment they must first make sure that they have a very clear right to do so.’

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Hardwicke Chambers, 18th February 2015

Source: www.hardwicke.co.uk

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Are race discrimination laws still needed in the workplace? – BBC News

Posted March 13th, 2015 in employment, news, race discrimination, racism, statistics by sally

‘UKIP leader Nigel Farage has claimed that concerns over race discrimination in the workplace are outdated, and no longer relevant to his “colour-blind” party.

Mr Farage said the laws “would probably have been valid” 40 years ago, but that he would scrap many of them today.’

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BBC News, 12th March 2015

Source: www.bbc.co.uk

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Blakesley v Secretary of State for Work and Pensions – WLR Daily

Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141; [2015] WLR (D) 96

‘The Government was not obliged to make lump sum payments to successful applicants for asylum representing the difference between the support they received while their application was being processed and mainstream benefits.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

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Disclosure and Barring Service checks: an individual’s rights – Halsbury’s Law Exchange

Posted March 3rd, 2015 in criminal records, data protection, disclosure, employment, news, vetting by sally

‘Another of my articles has considered s56 of the Data Protection Act, which makes it an offence for an employer to compel a current or prospective employee to make a data subject access request. These subject access requests can reveal an individual’s spent criminal convictions as well as other sensitive personal information, and are therefore highly invasive and potentially highly prejudicial to an individual’s employment prospects.’

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Halsbury’s Law Exchange, 3rd March 2015

Source: www.halsburyslawexchange.co.uk

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Enforced subject access: what you need to know about section 56 of the Data Protection Act – Halsbury’s Law Exchange

Posted March 2nd, 2015 in criminal records, data protection, employment, enforcement, news by sally

‘Under Section 56 of the Data Protection Act 1998 (DPA), it will soon be a criminal offence for an employer or other third party to require a data subject to supply records obtained through a subject access request. An employer, or a supplier of goods and services, cannot therefore make employment or provision of goods and services conditional on a data subject making a subject access request and providing their records.’

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Halsbury’s Law Exchange, 26th February 2015

Source: www.halsburyslawexchange.co.uk

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Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening); Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening); Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 33; [2015] WLR (D) 83

‘Domestic workers employed as members of the service staff of foreign diplomatic missions in the United Kingdom were entitled to bring proceedings asserting their employment rights against the employer state, in claims including unfair dismissal and breach of working time provisions, and such claims were not barred by the doctrine of state immunity pursuant to provisions in the State Immunity Act 1978.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

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Eirian Davies wins £1.3m of family farm in Carmarthenshire – BBC News

Posted February 26th, 2015 in agricultural holdings, compensation, employment, families, news, wills by sally

‘A farmer’s daughter has won £1.3m after working on her parents’ farm for nothing as a teenager while her sisters were having fun.’

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BBC News, 25th February 2015

Source: www.bbc.co.uk

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Benefits to be withdrawn from EEA jobseekers previously unaffected by the January 2014 changes – Free Movement

Posted February 25th, 2015 in benefits, employment, immigration, news, social security by sally

‘In January 2014, the Government introduced a number of measures aimed at restricting EEA migrants’ access to income-based JSA. A key change was the introduction of a statutory presumption that entitlement to income-based JSA (‘JSA(IB)’) would be limited to a period of three months (or six months for EEA nationals with retained worker status) unless the jobseeker could pass a Genuine Prospect of Work (GPoW) assessment.’

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Free Movement, 24th February 2015

Source: www.freemovement.org.uk

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How ‘get a job’ divorce ruling will change settlements on maintenance payments – Daily Telegraph

Posted February 25th, 2015 in divorce, employment, families, financial provision, matrimonial home, news, women by sally

‘Spouses can no longer expect full financial support from their ex-partners once their children reach age seven. Experts expect a rush to renegotiate.’

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Daily Telegraph, 24th February 2015

Source: www.telegraph.co.uk

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Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 32; [2015] WLR (D) 75

‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

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Welcome relief – New Law Journal

‘Ian Smith reports on basic & immutable problems of employment law that require complex answers.’

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New Law Journal, 17th February 2015

Source: www.newlawjournal.co.uk

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