Is employment law fit for the gig economy? – The Guardian

Posted September 13th, 2016 in employment, industrial action, news, postal service, remuneration, self-employment, taxis by sally

‘Protesting Uber drivers and Deliveroo couriers are classed as self-employed, and there are questions as to whether the law adequately protects such workers.’

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The Guardian, 13th September 2016

Source: www.guardian.co.uk

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Bosses could face jail for failure to prevent fraud – BBC News

Posted September 12th, 2016 in bills, employment, fraud, money laundering, news, tax evasion by sally

‘Company bosses could be prosecuted for failing to stop their staff committing fraud under new laws being considered by ministers.’

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BBC News, 12th September 2016

Source: www.bbc.co.uk

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Hermes may face HMRC investigation into allegations of low pay – The Guardian

‘The government has asked tax inspectors to consider investigating allegations of low pay by self-employed couriers working for the doorstep delivery company Hermes.’

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The Guardian, 11th September 2016

Source: www.guardian.co.uk

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Zero-hours contracts used far beyond short-term work, research says – The Guardian

Posted September 8th, 2016 in contract of employment, employment, flexible working, news by tracey

‘More than two-thirds of zero-hours workers aged over 25 have been with the same employer for more than a year, highlighting concerns that the insecure arrangements have become a permanent feature of working life for thousands of people.’

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The Guardian, 8th September 2016

Source: www.guardian.co.uk

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Home Office imposes illegal working fines of £14 million on small businesses in 3 month period – Free Movement

Posted September 6th, 2016 in employment, fines, immigration, news, small businesses by sally

‘The Home Office has imposed fines on small businesses for employing illegal workers of over £14 million in just a three month period. The period covered is January to March 2016. The list of businesses targeted by officials appears to include mainly small ethnic minority shops and takeaways. It is unknown how many of those businesses were forced to close as a result.’

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Free Movement, 6th September 2016

Source: www.freemovement.org.uk

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EAT: ‘reasonable adjustments’ can in principle include protected pay – OUT-LAW.com

Posted September 5th, 2016 in disabled persons, employment, equality, news, remuneration by sally

‘The duty to make reasonable adjustments (RAs) to enable an employee who is disabled for the purposes of the 2010 Equality Act can in principle include continuing to pay a higher salary when that employee is moved to a lower grade role, the Employment Appeal Tribunal (EAT) has ruled.’

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OUT-LAW.com, 2nd September 2016

Source: www.out-law.com

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Employment law: Post-Brexit – OUP Blog

Posted August 30th, 2016 in EC law, employment, news, referendums, regulations, transfer of undertakings by sally

‘The Leave vote in the EU referendum presents several potential challenges for employers which are of far more immediate and practical importance than speculation about the future direction of employment law in a post-EU environment. An issue over which a considerable amount of ink has been spilled, both before and after the referendum. These challenges include how employers should best seek to manage employee uncertainty and anxiety about the possible impact of the Leave vote on their business; how economic uncertainty will affect recruitment policy, perhaps pushing employers towards more temporary and agency and less permanent recruitment; the impact on employers’ ability to attract and retain skilled staff from overseas of potential changes to immigration laws as part of Brexit; how to reduce the risks of increased disputes in the workplace based on differing views of the merits of Brexit; and ensuring that any relocations or restructurings that the changed climate necessitates are handled so as to minimise exposure to claims. As the UK proceeds with the process of extracting itself from the EU, the impact on free movement and immigration laws will also be crucial for many employers.’

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OUP Blog, 30th August 2016

Source: www.blog.oup.com

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Kratzer v RAV AG: Access to Employment versus access to compensation – Cloisters

Posted August 25th, 2016 in age discrimination, compensation, EC law, employment, news by sally

‘Those with long memories will recall a Mr John Berry (alias) who was said to have made ET litigation a veritable cottage industry. Mr Berry’s modus operandi was to locate advertisements (principally placed by recruitment agencies) for roles across the UK which contained terminology allegedly targeting younger people such as “school leavers” or “recent graduates.” Estimates suggest that Mr Berry presented over 60 such claims, several of which led to financial settlement. A number of these claims ultimately made their way to Underhill P in Berry v Recruitment Revolution and ors UKEAT/0419/10/LA etc. On that occasion the EAT determined that an individual who has not applied for a role advertised in discriminatory terms and was not deterred from so applying had no right to compensation.’

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Cloisters, 18th August 2016

Source: www.cloisters.com

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Bitter taste for Byron staff – how to handle the immigration obligations – Cloisters

Posted August 25th, 2016 in contract of employment, employment, immigration, news, race discrimination by sally

‘Last week Byron, the upmarket burger chain called their employees into a meeting, which was cast as a meeting to teach them how to cook burgers. Immigration officers turned up to this (allegedly) stooge meeting (the employees were not there to learn how to cook burgers, but apparently to be investigated by the Immigration Service). Immigration detained and removed a number of employees – whom it turns out had been working on illegal passports and visas. It was reported that some of the employees were deported from the UK that evening, without the opportunity to say their goodbyes to family or colleagues.’

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Cloisters, 17th August 2016

Source: www.cloisters.com

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When it comes to unsettling settlements, everybody needs good neighbours: Hayward v Zurich Insurance Co [2016] EWCA Civ 327 – Park Square Barristers

‘On 27th July 2016 the Supreme Court handed down their Judgment in the case of Hayward. The case was concerned with whether or not a Defendant, who had settled a personal injury claim despite pleading that the same was exaggerated, could later seek to set aside that settlement on the basis that new evidence of fraud arose.’

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Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

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An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

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Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

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Rise in women facing discrimination on taking maternity leave – The Guardian

‘New mothers are facing increasing discrimination when they take maternity leave including being made redundant and switched to zero-hours contracts.’

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The Guardian, 21st August 2016

Source: www.guardian.co.uk

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Worker rights watchdog fails to bring a single prosecution in a year – The Guardian

Posted August 15th, 2016 in budgets, complaints, employment, enforcement, news, ombudsmen, prosecutions, statistics by sally

‘A workers’ rights watchdog has had its funding cut by more than half since 2010 and has failed to bring a single prosecution in the past year, according to research by Labour.’

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The Guardian, 14th August 2016

Source: www.guardian.co.uk

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Muslim women most disadvantaged, say MPs – BBC News

Posted August 11th, 2016 in employment, Islam, news, religious discrimination, reports, sex discrimination, women by tracey

‘Muslim women are the most economically disadvantaged group in British society, according to a report by MPs.’

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Full report

BBC News, 11th August 2016

Source: www.bbc.co.uk

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Two-thirds of young women suffer sexual harassment at work, survey finds – Daily Telegraph

Posted August 10th, 2016 in employment, equality, harassment, news, sex discrimination, statistics, women by tracey

‘The level of sexual harassment in the workplace is “shameful”, with women being subjected to unwelcome jokes, verbal advances, suggestive remarks and even demands for sexual favours, a report has found.’

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TUC report

Daily Telegraph, 10th August 2016

Source: www.telegraph.co.uk

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What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

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UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

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Hostile environment – Counsel

‘As the nation grapples with the impact of Brexit on migration, Ronan Toal briefs readers on the major revisions already introduced by the Immigration Act 2016.’

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Counsel, August 2016

Source: www.counselmagazine.co.uk

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Workers’ rights must not be bartered away in Brexit negotiations – The Guardian

Posted July 27th, 2016 in EC law, employment, news, referendums, statistics, trade unions by sally

‘Unions warned workers might pay the price for leaving the EU. The government must not invoke article 50 until it has negotiated a secure future for them ‘

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The Guardian, 26th July 2016

Source: www.guardian.co.uk

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The Simmons v Castle debate continues – Cloisters

‘Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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The Treatment of Migrant Workers: A Patchwork of Protection – Littleton Chambers

Posted July 26th, 2016 in civil justice, employment, immigration, news by sally

‘June was a bumper month in the developing field of claims concerning vulnerable migrant workers who are badly treated by their employers. English law offers a patchwork quilt of contractual and statutory protections. One of the challenges for advisers and representatives is identifying the most appropriate causes of action for the treatment received.’

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Littleton Chambers, 14th July 2016

Source: www.littletonchambers.com

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