Changing legal education – OUP Blog

‘Martin Partington discussed a range of careers in his podcasts yesterday. Today [20 August], he tackles how new legal issues and developments in the professional environment have in turn changed organizational structures, rules and regulations, and aspects of legal education.’

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OUP Blog, 20th August 2014

Source: www.blog.oup.com

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EAT: employee who might be dismissed for gross misconduct may still be entitled to claim constructive dismissal – OUT-LAW.com

‘An employee is not prevented from resigning and bringing a constructive dismissal claim against a former employer by the fact that the employer may have been preparing a gross misconduct case against him, the Employment Appeal Tribunal (EAT) has ruled.’

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OUT-LAW.com, 27th August 2014

Source: www.out-law.com

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Law careers from restorative justice, to legal ombudsman, to media – OUP Blog

‘What range of career options are out there for those attending law school? In this series of podcasts, Martin Partington talks to influential figures in the law about topics ranging from restorative justice to legal journalism.’

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OUP Blog, 19th August 2014

Source: www.blog.oup.com

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Timing of a TUPE transfer determined by facts, not wishes or intentions of parties, says EAT – OUT-LAW.com

‘The point at which the new employer becomes responsible for the workers who have been transferred under TUPE rules is a question of fact, not the wishes or intentions of the parties, the Employment Appeal Tribunal (EAT) has confirmed.’

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OUT-LAW.com, 22nd August 2014

Source: www.out-law.com

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Additional travel time for transferred workers was not “substantial change” to their “material detriment” – OUT-LAW.com

‘A change in the working location of somebody who has changed employer through TUPE will only be grounds for a constructive dismissal claim if that change is “substantial” and causes “material detriment” to the worker.’

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OUT-LAW.com, 26th August 2014

Source: www.out-law.com

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West Herts NHS trust fined nearly £90,000 over asbestos risk – BBC News

Posted August 20th, 2014 in asbestos, employment, fines, health & safety, hospitals, news by tracey

‘An NHS trust which put staff at risk to exposure from asbestos for 11 years has been ordered to pay nearly £90,000 by a court.’

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BBC News, 20th August 2014

Source: www.bbc.co.uk

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Selwyn Bloch QC & Charlene Hawkins Comment on Court of Appeal Decision Prophet PLC V Huggett – Littleton Chambers

Posted August 7th, 2014 in contracts, employment, news, restrictive covenants by sally

‘The Empire Strikes Back? Triumph of the Literal Interpretation of Restrictive Covenant Prophet Plc V Christopher Huggett [2014] Ewca Civ 1013 (22 July 2014)’

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Littleton Chambers, 23rd July 2014

Source: www.littletonchambers.com

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High court throws out ‘incredible’ £6m bonus claim by ex-Investec traders – The Guardian

Posted August 7th, 2014 in banking, employment, news, remuneration by sally

‘Two former Investec traders lost a three-year, £6m battle over their bonuses on Wednesday in a case described by a London high court judge as fanciful and “wholly incredible”.’

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The Guardian, 6th July 2014

Source: www.guardian.co.uk

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Solicitor was ‘employee’ and not partner, High Court rules – Law Society’s Gazette

‘A solicitor has won a High Court battle to prove he was an employee and not a partner at a firm subject to legal action.’

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Law Society’s Gazette, 1st August 2014

Source: www.lawgazette.co.uk

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The Rangers Case and EBTs – RPC Privacy Law

Posted August 1st, 2014 in employment, news, remuneration, sham transactions, trusts by sally

‘On 8 July 2014, the Upper Tribunal (Tax and Chancery Chamber) (UT) handed down its eagerly awaited judgement in HMRC v Murray Group Holdings and Others[1], which concerned an Employee Benefit Trust (EBT) structure. Most readers will know this case as the ‘Rangers Case’, as the facts relate to employees of the Scottish football club as it existed before its liquidation and subsequent purchase.’

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RPC Privacy Law, 31st July 2014

Source: www.rpc.co.uk

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Remuneration Code: Clawback and the Bonus Cap – Employment Law Blog

Posted July 29th, 2014 in banking, codes of practice, employment, news, remuneration by sally

‘In recent days, two pieces of news related to the most controversial elements of the Remuneration Code have emerged: clawback, and the bonus cap. The Remuneration Code applies to the variable remuneration (i.e. bonus) of certain employees of banks, building societies, investment firms, and some overseas firms of a similar nature.’

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Employment Law Blog, 28th July 2014

Source: www.employment11kbw.com

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Discrimination at work goes unpunished as women can’t afford to sue – The Independent

‘Women are being priced out of justice in the workplace, according to figures which show the number of sex discrimination claims brought by women against employers have fallen 80 per cent since court charges were introduced.’

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The Independent, 29th July 2014

Source: www.independent.co.uk

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Supreme Court set to rule on rights of trafficked Nigerian girl – The Independent

‘The UK’s highest court will rule on a landmark decision of whether illegal immigrants should be deprived of fundamental workers’ rights, following the appeal of a Nigerian national who was trafficked into the UK. Judges from the Supreme Court, including Britain’s most senior female judge Lady Hale, will deliver the verdict on Wednesday in a case which could set an important precedent for the rights of workers found to be treated as modern-day slaves.’

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The Independent, 27th July 2014

Source: www.independent.co.uk

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Wrotham Park damages for breach of restrictive covenants and illegitimate competition? The Court says yes in One Step (Support) Ltd –v- Morris-Gardner & Anor [2014] EWHC 2213 – Employment Law Blog

‘In Wrotham Park v Parkside Homes [1974] 1 WLR 798, the Court declined to order a land-owner to destroy a property he had built on his land in breach of a covenant in favour of his neighbour. Instead, it awarded the neighbour damages in lieu of an injunction under Lord Cairns’ Act, in such sum “as might reasonably have been demanded by the [covenantee] … as the quid pro quo for relaxing the covenant” (815). The Court assessed the damages as a modest percentage of the profit anticipated (“with the benefit of foresight”) by the contract breaker. Employment lawyers have sought to exploit Wrotham Park for some time now, particularly following the seminal judgments of the House of Lords in AG v Blake [2001] 1 AC 268, where it was held that in exceptional circumstances (where conventional remedies had no value) the contract breacher could be required to account for the fruits of his breach of contract.’

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Employment Law Blog, 15th July 2014

Source: www.employment11kbw.com

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High Court sets out new procedure to help families of asbestos victims access employment records – Litigation Futures

‘The High Court has set out a new procedure to help the families of workers who died from asbestos-related diseases trace their employment histories.’

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Litigation Futures, 11th July 2014

Source: www.litigationfutures.com

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High Court challenges UK work schemes – BBC News

Posted July 4th, 2014 in benefits, employment, news, remuneration by tracey

‘The High Court has ruled emergency laws underpinning a government back-to-work scheme are “incompatible” with the European Convention on Human Rights.’

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BBC News, 4th July 2014

Source: www.bbc.co.uk

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Patents – Employees’ Compensation: Shanks v Unilever – NIPC Law

Posted July 3rd, 2014 in compensation, employment, inventions, news, patents by sally

‘S.39 (1) of the Patents Act 1977 provides:
“Notwithstanding anything in any rule of law, an invention made by an employee shall, as between him and his employer, be taken to belong to his employer for the purposes of this Act and all other purposes if -
(a) it was made in the course of the normal duties of the employee or in the course of duties falling outside his normal duties, but specifically assigned to him, and the circumstances in either case were such that an invention might reasonably be expected to result from the carrying out of his duties; or
(b) the invention was made in the course of the duties of the employee and, at the time of making the invention, because of the nature of his duties and the particular responsibilities arising from the nature of
his duties he had a special obligation to further the interests of the employer’s undertaking.”‘

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NIPC Law, 2nd July 2014

Source: www.nipclaw.blogspot.co.uk

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Students told they face jail for lying on their CV – The Independent

Posted July 3rd, 2014 in employment, fraud, news, universities by sally

‘Fraud prevention officers have sent a new guide to every university in the country warning students they could face jail for telling “white lies” on their CVs to make them more impressive.’

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The Independent, 3rd July 2014

Source: www.independent.co.uk

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Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates) – WLR Daily

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates): [2014] EWCA Civ 855; [2014] WLR (D) 282

‘Where a claim of race discrimination had been dismissed on limitation grounds those allegations could not be repeated in a second claim together with additional allegations which could have been included in the first claim but had not been, in order to avoid the limitation defence by founding a claim based on conduct extending over a period of time. The second claim was an abuse of process.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

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UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com

‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’

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OUT-LAW.com, 25th June 2014

Source: www.out-law.com

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