Worker protection – does it come from the UK or the EU? – OUP Blog

Posted June 21st, 2016 in EC law, employment, news by sally

‘There have been a number of contradictory claims made by politicians and in the media as to where our employment laws and worker protection come from, and whether they are European or home grown. Which is correct.’

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OUP Blog, 19th June 2016

Source: www.blog.oup.com

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EAT: workers must be engaged in ‘principal purpose’ immediately before TUPE transfer – OUT-LAW.com

‘Whether a group of workers consists of an “organised grouping” which will automatically transfer to a new service provider when the work that they do is taken over by that provider will depend on their activities “immediately before” the transfer, the Employment Appeal Tribunal (EAT) has confirmed.’

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OUT-LAW.com, 17th June 2016

Source: www.out-law.com

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Employment tribunal fees ‘will deny workers justice’ – The Independent

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

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The Independent, 20th June 2016

Source: www.independent.co.uk

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Court finds UK gangmaster liable for modern slavery victims – The Guardian

‘A British company has been found liable for the first time for victims of modern slavery in a landmark high court judgment.’

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The Guardian, 10th June 2016

Source: www.guardian.co.uk

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Sarah McClay death: South Lakes Safari Zoo fined – BBC News

Posted June 13th, 2016 in animals, costs, employment, fines, guilty pleas, health & safety, inquests, news, sentencing by sally

‘A zoo where a keeper was mauled to death by a tiger has been fined for health and safety breaches.’

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BBC News, 10th June 2016

Source: www.bbc.co.uk

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Cavanagh and others v Secretary of State for Work and Pensions – WLR Daily

Cavanagh and others v Secretary of State for Work and Pensions [2016] EWHC 1136 (QB)

The first and second claimant employees were, it was assumed for present purposes, employed by the defendant employer under civil service terms and conditions and various collective agreements. Under “check-off arrangements” in the employer’s deductions from pay policy, the employees had opted for their subscriptions to the third claimant trade union to be paid by deduction from their salary and paid by the employer to the union. Latterly the check-off arrangements had been included in the employer’s salary policy published on the staff intranet. When the employer ended the check-off arrangements, the claimants brought a claim against it, contending that the employees had a contractual right to insist that the employer continue with the arrangement enforceable by the trade union under the Contracts (Rights of Third Parties) Act 1999.

WLR Daily, 13th May 2016

Source: www.iclr.co.uk

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Fiduciary Duties, Football, and the Fundamental Importance of the Contractual Relationship – Sports Law Bulletin

‘Can a senior employee be ordered to pay back his past contractual remuneration to his employer as a remedy for breach of fiduciary duty, in particular a duty to confess his own wrongdoing? There has been an increasing trend over the past few years for employers, outraged at the belatedly discovered wrongdoing of a trusted senior employee, to not only seek to justify summary dismissal on the basis of after-discovered gross misconduct but also to go a step further and try to recover the salaries or bonuses already paid to the employee prior to discovery of the misconduct.’

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Sports Law Bulletin, 7th June 2016

Source: www.sportslawbulletin.org

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High heels row: Inquiry launched by MPs following petition – BBC News

Posted June 9th, 2016 in employment, inquiries, news, parliament, sex discrimination, women by sally

‘Women who have been made to wear high heels at work are being invited to share their experiences with MPs, as part of a new inquiry.’

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BBC News, 9th June 2016

Source: www.bbc.co.uk

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Filling the void: the Brexit effect on employment law – OUP Blog

‘Having been cast as unnecessary “red tape”, a burden on business, inflexible, uncompetitive and inefficient, it is widely assumed that a sizeable number of domestic employment laws derived from European Law will be in the firing line in the event of a Brexit. In a well-publicised written opinion produced for the TUC, the leading labour law barrister, Michael Ford QC, has provided some support for this assumption. He noted the vulnerability of these EU-derived employment rights and labour laws, and divided and categorised them according to whether a future UK government would be likely to repeal, dilute or preserve them. In this blog, I will probe what might fill any void created by the removal of employment rights rooted in EU law. Surprisingly, the common law would appear to have as significant a role to play as domestic legislation in this context. The potential involvement of the common law is somewhat paradoxical, particularly in light of its perceived ‘undemocratic’ credentials, it being a source of law crafted incrementally by unelected judges.’

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OUP Blog, 7th June 2016

Source: www.blog.oup.com

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New immigration requirements will impose ‘very heavy burdens’ on licensing authorities, says expert – OUT-LAW.com

Posted June 6th, 2016 in employment, immigration, licensing, news, taxis by sally

‘Local licensing authorities will face substantial administrative burdens once new immigration laws come into force, an expert has said.’

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OUT-LAW.com, 6th June 2016

Source: www.out-law.com

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Winners and Losers in the Permanent Health Insurance Game – Henderson Chambers

Posted June 2nd, 2016 in employment, health, insurance, news, redundancy by sally

‘Permanent health insurance (PHI), also and probably more accurately known or described as Income Protection Insurance (IPI), can solve the problem of income protection when an employee is ill for a period beyond that where income is directly maintained by the employer. The employee has time to recover and the employer is relieved of the expense of paying the non-productive employee. But it is not always a Win-Win situation, particularly where there comes a parting of the ways between employer and employee.’

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Henderson Chambers, 31st March 2016

Source: www.hendersonchambers.co.uk

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Senior EU lawyer backs workplace ban on Muslim headscarves – The Guardian

‘Companies should be free to ban Muslim women from wearing headscarves at work if they have a general policy barring all religious and political symbols, a senior EU lawyer has said.’

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The Guardian, 31st May 2016

Source: www.guardian.co.uk

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NHSLA ordered to pay indemnity costs for surveillance video “ambush” – Litigation Futures

‘The NHS Litigation Authority (NHSLA) has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated.’

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Litigation Futures, 16th May 2016

Source: www.litigationfutures.com

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UK has one of worst records for gender equality at work – report – The Guardian

Posted May 18th, 2016 in employment, equality, gender, news, remuneration, sex discrimination, statistics by tracey

‘Researchers rank Britain 11th out of 18 countries, including US, France and Spain, for factors such as pay and board level representation.’

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The Guardian, 18th May 2016

Source: www.guardian.co.uk

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Interpreters lose MoJ race bias challenge – Law Society’s Gazette

‘The Employment Tribunal did not ’misdirect’ itself when it dismissed two interpreters’ claims for racial discrimination against the Ministry of Justice, the Court of Appeal has ruled.’

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Law Society’s Gazette, 17th May 2016

Source: www.lawgazette.co.uk

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Is it legal to force women to wear high heels at work? – BBC News

Posted May 12th, 2016 in employment, news, sex discrimination by sally

‘A 27-year-old woman working for a City firm in London says she was sent home for refusing to wear high heels. But is this legal, fair or healthy?’

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BBC News, 11th May 2016

Source: www.bbc.co.uk

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Construction firms apologise in court over blacklist – The Guardian

Posted May 12th, 2016 in compensation, construction industry, damages, employment, news, trade unions by sally

‘Leading construction firms have formally apologised to hundreds of trade unionists for putting them on an illegal blacklist and denying them work.’

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The Guardian, 11th May 2016

Source: www.guardian.co.uk

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Bring your own device: managing the risks – Future of Law

Posted May 11th, 2016 in confidentiality, data protection, employment, human rights, news, privacy by sally

‘Bring Your Own Device (BYOD) – the practice of employees routinely using their personal laptops, mobiles and other internet connected devices for work – has become increasingly common over recent years, with one survey suggesting that BYOD has already been taken up by over half of UK workers. Using a single device at home and at work can pay dividends for both employees and employers in terms of convenience, increased efficiency and reduced cost. But there are also various risks that need to be managed, especially in the case of law firms which handle sensitive client data.’

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Future of Law, 9th May 2016

Source: www.blog.lexisnexis.co.uk

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Childcare vouchers and maternity leave – Law Society’s Gazette

‘Employment Appeal Tribunal ruling on childcare vouchers is at odds with the approach taken by most employers.’

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Law Society’s Gazette, 9th May 2016

Source: www.lawgazette.co.uk

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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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