Enhanced Criminal Records Check Mate – Panopticon

Posted January 26th, 2016 in criminal records, employment, news, regulations by sally

‘One might have thought, following the judgments of the Court of Appeal (noted here) and the Supreme Court (noted here) in R (T) v Chief Constable of Greater Manchester Police [2014] UKSC 35, that there was little left to say about enhanced criminal records certificates (ECRC). After all, the Government had, with moderate grace, gone away after the Court of Appeal loss and drafted a revised set of rules in the Rehabilitation of Offenders Act (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2013 (SI 2013/1198) which sought to better implement the Article 8 ECHR balance between the needs of employers and the need for long-distant misbehaviour not to be a permanent stain. But that thought fatally undervalues the ingenuity of lawyers (as well as the breadth of application of the ECRC regime).’

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Panopticon, 23rd Janaury 2016

Source: www.panopticonblog.com

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Criminal record disclosure checks ruled ‘unlawful’ – BBC News

Posted January 25th, 2016 in criminal records, disclosure, employment, news, proportionality, vetting by sally

‘Two people who claimed their careers were being blighted by having to disclose their minor criminal convictions to employers have won their case at the High Court.’

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BBC News, 22nd January 2016

Source: www.bbc.co.uk

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High Court upholds Pensions Regulator’s approach to auto-enrolment of peripatetic workers – OUT-LAW.com

Posted January 18th, 2016 in contracts, employment, judicial review, news, pensions by tracey

‘The eligibility of peripatetic workers for automatic enrolment onto workplace pension schemes in Great Britain depends on where the worker is based and not on what is set out in the worker’s contract, the High Court has said.’

Full story

OUT-LAW.com, 15th January 2016

Source: www.out-law.com

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Surveillance of Internet usage in the workplace – UK Human Rights Blog

Posted January 15th, 2016 in dismissal, electronic mail, employment, human rights, internet, news, privacy by sally

‘In December 2015, the European Court of Human Rights, by 6 votes to 1, dismissed a Romanian national’s appeal against his employer’s decision to terminate his contract for using a professional Yahoo Messenger account to send personal messages to his fiancé and brother.’

Full story

UK Human Rights Blog, 14th January 2015

Source: www.ukhumanrightsblog.com

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Private messages at work can be read by European employers – BBC News

Posted January 14th, 2016 in electronic mail, employment, human rights, interception, news, privacy by sally

‘Employers can read workers’ private messages sent via chat software and webmail accounts during working hours, judges have ruled.’

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BBC News, 13th January 2016

Source: www.bbc.co.uk

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Disabled workers can’t afford justice to deal with workplace harassment – The Guardian

‘Since the government introduced fees for employment tribunals, together with legal aid cuts, disabled people have increasingly been unable to have their cases heard.’

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The Guardian, 6th January 2016

Source: www.guardian.co.uk

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Naeem v Secretary of State for Justice – WLR Daily

Naeem v Secretary of State for Justice [2015] EWCA Civ 1264; [2015] WLR (D) 517

‘In a claim under section 19 of the Equality Act 2010 for indirect discrimination, based on a system of pay relating to length of service, once the claimant had shown that use of the particular provision, criterion or practice, namely the length of service criterion, had lead to a disparity in pay, it was permissible to consider the reason for the disparity complained of in the sense of the factors which had caused it to occur.’

WLR Daily, 9th December 2015

Source: www.iclr.co.uk

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Can young adult offenders be diverted into work? – BBC News

Posted December 10th, 2015 in employment, news, rehabilitation, young offenders by sally

‘Some reform groups believe the justice system should treat young adult offenders differently. Could a programme in south London lead the way in terms of their rehabilitation?’

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BBC News, 10th December 2015

Source: www.bbc.co.uk

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Prison officer who ‘caught TB from inmates’ wins five-figure payout – Daily Telegraph

Posted December 9th, 2015 in compensation, duty of care, employment, health & safety, news, prison officers by sally

‘Fiona Murphy in out-of-court settlement from Ministry of Justice amid claims she was unknowingly exposed to disease at HMP Wakefield.’

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Daily Telegraph, 8th December 2015

Source: www.telegraph.co.uk

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Drugs boss who said he ‘only employs beautiful women’ guilty of sexism – Daily Telegraph

Posted November 17th, 2015 in employment, harassment, news, sex discrimination, tribunals, unfair dismissal by tracey

‘The boss behind a banned cancer “wonder drug” has been found guilty of sex discrimination after writing “Red lipstick, heels – good” on his personal assistant’s job application.’

Full story

Daily Telegraph, 17th November 2015

Source: www.telegraph.co.uk

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Yes you can discriminate against a company (but you shouldn’t!) – No. 5 Chambers

‘How odd, you might think. A company can suffer a detriment under the Equality Act 2010 and so bring a claim for direct discrimination. Yet a company is impersonal and protected characteristics are highly personal that only individuals can have. How can that be?’

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No. 5 Chambers, 8th October 2015

Source: www.no5.com

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Barristers set for freedom to operate through corporate vehicles and agencies – Legal Futures

Posted October 15th, 2015 in barristers, consultations, employment, news by sally

‘Barristers are to be allowed to operate through agencies and corporate vehicles under proposals released today by the Bar Standards Board (BSB).’

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Legal Futures, 13th October 2015

Source: www.legalfutures.co.uk

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Bar regulator wants to remove restrictions on employed barristers, seeking views – Bar Standards Board

Posted October 14th, 2015 in barristers, consultations, employment, law firms, press releases by tracey

‘The regulator is seeking to broaden the definition of employment for barristers working in-house for organisations that are not authorised law firms, in a new consultation launched today.’

Full press release

Bar Stadards Board, 13th October 2015

Source: www.barstandardsboard.org.uk

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Some Guidance on Interpretation of the Effect of the Enterprise Act – Zenith PI Blog

Posted October 6th, 2015 in employment, health & safety, judgments, news, personal injuries, regulations by sally

‘Personal injury specialists have long awaited clear guidance on how the changes effected by Section 69 of the Enterprise and Regulatory Reform Act 2013 will be interpreted by the courts.’

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Zenith PI Blog, 2nd October 2015

Source: www.zenithpi.wordpress.com

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Travel time ruling will not automatically entitle UK mobile workers to extra pay, says expert – OUT-LAW.com

Posted September 15th, 2015 in contract of employment, EC law, employment, minimum wage, news, remuneration, working time by tracey

‘FOCUS The EU’s highest court has ruled that the time those with no fixed place of work spend travelling between home and their first and last places of work each day counts as “woking time” – but this does not necessarily entitle them to extra pay.’

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OUT-LAW.com, 11th September 2015

Source: www.out-law.com

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When is travelling time working time? And when does working time not earn the minimum wage? – Employment Law Blog

Posted September 15th, 2015 in EC law, employment, minimum wage, news, working time by tracey

‘The European Court of Justice (“the ECJ”) has now given judgment in Federacion de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security Case C-266/14 consistent with the Advocate General’s opinion, on which James Goudie QC blogged recently. For peripatetic or mobile workers (who do not have a fixed or habitual workplace) time spent travelling from home to the first appointment and from the last appointment back home counts as working time under EU law. The judgment has very significant implications for employers whose workforce includes, for example, home care staff, gas fitters, and sales teams.’

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Employment Law Blog, 14th September 2015

Source: www.employment11kbw.com

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Employed barristers need specialist training in “persuasive advocacy” beyond the courtroom – Legal Futures

Posted September 14th, 2015 in advocacy, barristers, dispute resolution, employment, legal education, news, statistics by tracey

‘The needs of employed barristers should not be ignored and “second class citizenship” should “by now be a myth”, a former Crown prosecutor has said.’

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Legal Futures, 14th September 2014

Source: www.legalfutures.co.uk

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EAT: employee on ‘permanent’ sick leave did not transfer to new employer under TUPE – OUT-LAW.com

‘The job of a telecoms engineer on long-term sick leave with little prospect of returning to work did not transfer to a new employer as he was not “assigned” to the team when the team he worked as a part of was transferred to another service provider, the Employment Appeal Tribunal (EAT) has confirmed.’

Full story

OUT-LAW.com, 7th September 2015

Source: www.out-law.com

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Volunteer law project wins 95% of ‘fit for work’ test appeal cases – The Guardian

Posted September 3rd, 2015 in appeals, benefits, disabled persons, employment, law centres, news, social services by sally

‘Almost all of the 200 “fit for work“ test appeals undertaken by a student volunteer project have been won, providing more evidence of the unreliability of the government’s controversial work capability assessment (WCA).’
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The Guardian, 2nd September 2015

Source: www.guardian.co.uk

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Employment tribunal fees challenge dismissed by UK Court of Appeal – OUT-LAW.com

Posted September 2nd, 2015 in appeals, employment, employment tribunals, fees, news, trade unions by sally

‘UNISON’s case against the government’s introduction of employment tribunal fees could be heading for the UK’s highest court after the Court of Appeal rejected the union’s legal challenge to the policy.’

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OUT-LAW.com, 28th August 2015

Source: www.out-law.com

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