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.’

Full story

OUP Blog, 30th August 2016

Source: www.blog.oup.com

Comments Off on Employment law: Post-Brexit – OUP Blog

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.’

Full story

Cloisters, 18th August 2016

Source: www.cloisters.com

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

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.’

Full story

Cloisters, 17th August 2016

Source: www.cloisters.com

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

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.’

Full story

Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

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

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.’

Full story

Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

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

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.’

Full story

The Guardian, 21st August 2016

Source: www.guardian.co.uk

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

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.’

Full story

The Guardian, 14th August 2016

Source: www.guardian.co.uk

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

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.’

Full story

Full report

BBC News, 11th August 2016

Source: www.bbc.co.uk

Comments Off on Muslim women most disadvantaged, say MPs – BBC News

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.’

Full story

TUC report

Daily Telegraph, 10th August 2016

Source: www.telegraph.co.uk

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

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.’

Full story

UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

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

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.’

Full story

Counsel, August 2016

Source: www.counselmagazine.co.uk

Comments Off on Hostile environment – Counsel

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 ‘

Full story

The Guardian, 26th July 2016

Source: www.guardian.co.uk

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

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.’

Full story

Cloisters, 25th July 2016

Source: www.cloisters.com

Comments Off on The Simmons v Castle debate continues – Cloisters

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.’

Full story

Littleton Chambers, 14th July 2016

Source: www.littletonchambers.com

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

Back from maternity: Five common challenges and how to overcome them – The Lawyer

Posted July 26th, 2016 in employment, legal profession, maternity leave, news, women by sally

‘The job, the team and the clients may all be the same, but most female lawyers who I talk to on their return to work tell me that it’s the new challenges they face which can make it harder than they anticipated to feel like the balance between work, family and career is right.’

Full story

The Lawyer, 26th July 2016

Source: www.thelawyer.com

Comments Off on Back from maternity: Five common challenges and how to overcome them – The Lawyer

Deliveroo contracts ‘written to scare couriers from going to court over workers’ rights’ – The Independent

‘Deliveroo has outsmarted Uber by reportedly building clauses into the contracts of its couriers to prevent them from taking the company to court over worker’s rights.’

Full story

The Independent, 25th July 2016

Source: www.independent.co.uk

Comments Off on Deliveroo contracts ‘written to scare couriers from going to court over workers’ rights’ – The Independent

Should asylum seekers take action to avoid persecution on the ground of political opinion incorrectly attributed to them? – UK Human Rights Blog

‘The Court of Appeal dismissed the Secretary of State’s appeal challenging the Upper Tribunal’s decision that MSM would have been at risk on return to Somalia on the ground of political opinion. Exceptionally, the court went on to consider the modification of conduct issue in relation to imputed political opinion on an obiter basis, which gave rise to interesting analysis.’

Full story

UK Human Rights Blog, 22nd July 2016

Source: www.ukhumanrightsblog.com

Comments Off on Should asylum seekers take action to avoid persecution on the ground of political opinion incorrectly attributed to them? – UK Human Rights Blog

Sports Direct: Could Human Rights Have Helped? – RightsInfo

‘Could human rights have helped Sports Direct workers? Yes. Read this post to find out why.’

Full story

RightsInfo, 22nd July 2016

Source: www.rightsinfo.org

Comments Off on Sports Direct: Could Human Rights Have Helped? – RightsInfo

Head Teacher’s Safeguarding responsibilities – Employment Law Blog

‘A v B Local Authority and C Governing Body of School [2016] EWCA Civ 766 is concerned with whether an ET had been entitled to find that a Head Teacher of a primary school had been fairly summarily dismissed for gross misconduct, i.e. putting the safety of children at risk, for failing to disclose to the school authorities her close personal relationship with a male (IS) convicted of making indecent images of children by downloading them onto his computer. The ET’s finding was upheld by the EAT (Wilkie J presiding) and has now been upheld by a majority in the Court of Appeal (Black and Floyd LJJ). Elias LJ dissented.’

Full story

Employment Law Blog, 20th July 2016

Source: www.employment11kbw.com

Comments Off on Head Teacher’s Safeguarding responsibilities – Employment Law Blog

Rich wives being told to get a job as judges clamp down on ‘meal ticket’ divorces – Daily Telegraph

Posted July 21st, 2016 in appeals, divorce, employment, financial provision, news, time limits, women by tracey

‘Rich wives are increasing being told to go out and get a job rather than rely on maintenance from their ex-husband as judges lead what amounts to a clampdown on “meal ticket” divorces, according to lawyers.’

Full story

Daily Telegraph, 20th July 2016

Source: www.telegraph.co.uk

Comments Off on Rich wives being told to get a job as judges clamp down on ‘meal ticket’ divorces – Daily Telegraph