Pregnant women and new mothers ‘face rising discrimination’ at work – BBC News

Posted May 3rd, 2016 in employment, news, pregnancy, sex discrimination, women by tracey

‘New and expectant mothers are reporting increasing levels of unfair treatment at work, Citizens Advice has said.’
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BBC News, 2nd May 2016

Source: www.bbc.co.uk

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Restaurant staff ‘should keep their tips’ – BBC News

Posted May 3rd, 2016 in consultations, employment, news, remuneration, service charges by tracey

‘Waiting staff should receive their tips in full and it should be clearer to customers that gratuities are optional, the business secretary has said.’

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BBC News, 2nd May 2016

Source: www.bbc.co.uk

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Staff handbook provisions had contractual effect, rules Court of Appeal – OUT-LAW.com

Posted April 27th, 2016 in appeals, contract of employment, contracts, documents, employment, news by sally

‘A recent decision by the Court of Appeal provides a “helpful summary” of the circumstances in which employment terms set out in separate documents should be considered incorporated into employee’s contracts, according to an employment law expert.’

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OUT-LAW.com, 26th Aoril 2016

Source: www.out-law.com

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Leading employment judges call for law banning ‘fattism’ in workplace – The Independent

Posted April 25th, 2016 in disabled persons, employment, equality, news, obesity, statistics by sally

‘A leading judge has claimed that overweight workers could soon have the power to tackle “fattist” discrimination in the workplace by suing colleagues who make inappropriate comments about body size.’

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The Independent, 25th April 2016

Source: www.independent.co.uk

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Sparks and others v Department for Transport – WLR Daily

Posted April 20th, 2016 in contract of employment, employment, law reports, sick leave by sally

Sparks and others v Department for Transport [2016] EWCA Civ 360

‘A provision in the employer’s staff handbook stated that where in any 12 month period the employee had taken a number of short term absences which together exceeded 21 working days, the employee’s line manager would discuss his attendance record with him, and only if those “trigger points” had been exceeded and the line manager had consequently acknowledged that there was a problem with the employee’s attendance would the line manager take the matter forward in accordance with the relevant attendance procedures. The handbook provided that all it provisions which applied to the particular employee and were apt for incorporation should be incorporated into the employee’s contract of employment. The provision in question was in a part of the handbook on ill health, which contained the following introductory words: “This chapter sets out your terms and conditions of employment relating to sick leave … [and] the management of poor attendance….” Seven employees, all of whom were employed by different agencies within the same government department and were subject to somewhat different but materially similar provisions, brought claims contending that those provisions were terms of the contracts of employment between them and their employer. The employer maintained that the provisions were not legally enforceable contractual terms but mere notes of guidance or good practice of no legal force. The provision in respect of cumulative short-term absences in the first employee’s documents was taken to determine the question between the employer and all the employees. The judge held that the provisions were terms of the employees’ contracts of employment, and made declarations to that effect. As a result the judge declared that a new policy of attendance management introduced by the employer in July 2012 had not been effective to vary the contractual terms of the employment contracts and was not contractually binding on the employees.’

WLR Daily, 14th April 2016

Source: www.iclr.co.uk

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Employment Law Implications for Liquidated Damages and the Penalty Rule Following El Makdessi – Littleton Chambers

Posted April 14th, 2016 in appeals, contracts, damages, employment, news, penalties, Supreme Court by sally

‘In English law there is a presumption in favour of freedom of contract. The penalty rule represents an exception to that principle. A properly drafted liquidated damages clause entitles the claimant to recover the amount stipulated in the clause even if the actual loss is less than the amount payable. The inclusion of the clause is intended to provide certainty, to make the recovery of damages easier and less costly and, from the opposite perspective, to limit liability.’

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Littleton Chambers, 4th April 2016

Source: www.littletonchambers.com

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Vicarious liability for rogue employee’s data leak – Panopticon

‘Suppose confidential, private and sensitive information is sold, leaked or otherwise wrongly disclosed by a rogue employee: is the employer vicariously liable? This question is a troubling one for many an employer and data controller. A new judgment on a claim for misuse of private information sheds some light on this question – and will not be comforting for employers and data controllers. The case is Axon v Ministry of Defence [2016] EWHC 787 (QB).’

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Panopticon, 12th April 2016

Source: www.panopticonblog.com

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Global firm must pay £118k over negligent advice – Law Society’s Gazette

Posted April 8th, 2016 in contracts, costs, damages, documents, employment, law firms, negligence, news, standards by tracey

‘A High Court judge has ordered global firm King & Wood Mallesons to pay damages over negligent advice it gave to a commodities business intelligence firm – although they were only 5% of the sum claimed.’

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Law Society’s Gazette, 7th April 2016

Source: www.lawgazette.co.uk

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Junior doctors’ row: Government hit with second legal challenge over contracts – BBC News

‘A second legal challenge has been made over the government’s decision to impose a new contract on junior doctors in England.’

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BBC News, 4th April 2016

Source: www.bbc.co.uk

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Would-be barrister fails in bid to lift vexatious litigant order – Legal Futures

‘The High Court has rejected a bid by a would-be barrister to lift a decade-old declaration that she was a vexatious litigant, which she said was harming her prospects of becoming a lawyer.’

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Legal Futures, 4th April 2016

Source: www.legalfutures.co.uk

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Fifth of women harassed at work over pregnancy or flexible hours, report finds – The Guardian

‘Three-quarters of pregnant women and new mothers experience discrimination at work and one in nine lose their job as a result, government-commissioned research has found.’

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The Guardian, 22nd March 2016

Source: www.guardian.co.uk

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What are the Legal Obligations on Sports Clubs Looking to Dismiss an Underperforming Manager? – Littleton Chambers

Posted March 22nd, 2016 in clubs, disciplinary procedures, employment, news, sport by sally

‘The performance of sports managers is a constant subject of discussion both in the media and amongst fans, with many holding strong views over whether an individual is properly performing in their role.’

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Littleton Chambers, 4th March 2016

Source: www.littletonchambers.com

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Supreme Court judgment on vicarious liability: Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 – Park Square Barristers

Posted March 22nd, 2016 in appeals, assault, employment, news, Supreme Court by sally

‘Is an employer vicariously liable for the errant conduct of an employee who attacks a customer? Yes, according to the Supreme Court in unanimously giving judgment for the appellant in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased) v WM Morrison Supermarkets plc [2016] UKSC 11, handed down today.’

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Park Square Barristers, 2nd March 2016

Source: www.parksquarebarristers.co.uk

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Revenue and Customs Commissioners v Apollo Fuels Ltd and others – WLR Daily

Revenue and Customs Commissioners v Apollo Fuels Ltd and others; [2016] EWCA Civ 157

‘The employers leased cars to their employees to enable them to carry out their duties. The cars were leased on arm’s length commercial terms, including lease charges at full market value. The revenue concluded that the provision of the cars was a taxable benefit, for the purposes of the Income Tax (Earnings and Pensions) Act 2003, and served notices of assessment for that tax on the employees. The First-tier Tribunal allowed the employees’ appeal, holding that the provision of the cars was a “benefit” which fell within section 114 of the 2003 Act with the result that Chapter 6 of Part 3 of the 2003 Act applied. That decision was affirmed by the Upper Tribunal.’

WLR Daily, 17th March 2016

Source: www.iclr.co.uk

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Mike Ashley: Could Sports Direct boss be jailed in Big Ben? – BBC News

‘Sports Direct boss Mike Ashley has been warned he could be in contempt of Parliament if he continues to refuse to appear in front of a committee of MPs. It sounds serious – but what could actually happen to him?’

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BBC News, 16th March 2016

Source: www.bbc.co.uk

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Reasonable Adjustment after Griffiths – Tanfield Chambers

Posted March 15th, 2016 in disabled persons, employment, employment tribunals, equality, news, sick leave by sally

‘Is an employer ever required to dis-apply an absence management policy or delay dismissal, as a reasonable adjustment for disability? Recent decisions have suggested that the answer is no, but in Griffiths v Secretary of State for Work and Pensions [2016] IRLR 216, the Court of Appeal has redefined the correct comparator in a disability claim in a way which may make this easier for an employee to argue.’

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Tanfield Chambers, 9th March 2016

Source: www.tanfieldchambers.co.uk

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UBS AG v Revenue and Customs Comrs; DB Group Services (UK) Ltd v Revenue and Customs Comrs – WLR Daily

Posted March 15th, 2016 in appeals, banking, employment, forfeiture, income tax, law reports by sally

UBS AG v Revenue and Customs Comrs; DB Group Services (UK) Ltd v Revenue and Customs Comrs [2016] UKSC 13

‘In 2004 two banks entered into arrangements designed to take advantage of the provisions of Chapter 2 of Part 7 of the lncome Tax (Earnings and Pensions) Act 2003, as substituted, which created a special regime for employment-related securities whereby “restricted securities” (including, by section 423(2), shares which were subject to a condition providing for their forfeiture in certain circumstances so as to render their market value less than it otherwise would be but for that condition) were, by section 425(2) and 429, exempt from income tax. Each bank invoked a scheme whereby (i) it set up a company merely for the purposes of the scheme, which undertook no activities beyond its participation in the scheme, was to be liquidated upon the termination of the scheme, and the memorandum and articles of which contained conditions designed to comply with Chapter 2, and (ii) the shares of the company were to be allocated to specified employees in lieu of a cash bonus. In the first case there was a condition for an immediate and automatic sale of the shares if, on any date during a specified three week period, the closing value of the FTSE 100 Index exceeded a defined “trigger level”, the probability of which was unlikely but in any event was hedged against so that in the event of a forced sale the employees would not be materially worse off. In the second case there was a provision which, in effect, provided that an employee would forfeit his shares if he voluntarily resigned or was dismissed for misconduct during the first eight weeks after the company was set up. In both cases, once the exemptions from income tax conferred by sections 425(2) and 429 had accrued, the shares were redeemable by the employees for cash. The revenue took the view that the banks were to be treated as having paid the relevant employees cash sums equal to their share allocation and issued PAYE determinations and NIC decisions against each bank, as the body liable to deduct such sums. Each bank appealed. The First-tier Tribunal, in separate decisions, held that Parliament could not have intended that the exemption should apply to arrangements contrived purely in order to obtain the exemption but having no other business or commercial purpose. On appeals heard together the Upper Tribunal held that the scheme in the first case met the requirements of the legislation and so allowed that bank’s appeal, but held that the scheme in the second case did not fully comply with the terms of Chapter 2 in that, on the facts, the company had been set up in a way which did not comply with section 429. On appeal by the revenue in the first case and by the bank in the second case, the Court of Appeal upheld the Upper Tribunal’s decision in the first case on like ground and, having reversed the factual finding in the second case, allowed that bank’s appeal on the ground that its scheme also met the requirements of Chapter 2.’

WLR Daily, 9th March 2016

Source: www.iclr.co.uk

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Ageing population will change demand for legal services, says 2025 report – Legal Futures

‘Britain’s changing demographics will mean a huge shift in demand for legal services, towards managing the wealth and lives of the growing proportion of elderly people in the population, according to a study forecasting legal needs in 2025.’

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Legal Futures, 14th March 2016

Source: www.legalfutures.co.uk

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‘Broken’ disability benefits need total overhaul, says government adviser – The Guardian

Posted March 11th, 2016 in benefits, disabled persons, employment, news by tracey

‘Controversial fit-for-work tests should be abandoned and benefit sanctions scrapped for people with chronic illness or a disability, an influential government adviser has said.’

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The Guardian, 11th March 2016

Source: www.guardian.co.uk

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Government suffers two defeats in Lords on Immigration Bill – BBC News

Posted March 10th, 2016 in bills, employment, immigration, news, parliament, Sunday trading by sally

‘The government has twice been defeated in the Lords over its Immigration Bill, shortly after losing a vote in the Commons on Sunday trading.’

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BBC News, 9th March 2016

Source: www.bbc.co.uk

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