2014 Update: Focusing on Legal Status, Disability and Flexible Working – Cloisters

‘Once employment protection was focused upon conventional patterns of work – open-ended, regular full-time jobs with a single employer. Our norms have now moved on. Recent developments reflect this. It has never been more important to pinpoint the underlying prerequisites for the existence of a contract of employment.’

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Cloisters, 20th November 2014

Source: www.cloisters.com

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Holiday pay: What about back pay? – Cloisters

Posted November 18th, 2014 in appeals, employment, employment tribunals, holiday pay, news, remuneration by sally

‘Ahead of this week’s EAT judgment in Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others, employers feared the prospect of crippling retrospective pay claims dating back up to 16 years.’

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Cloisters, 7th November 2014

Source: www.cloisters.com

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Status: The Court of Appeal’s Decision in Halawi v World Duty Free [2014] EWCA CIV 1387 – Littleton Chambers

Posted November 17th, 2014 in appeals, EC law, employment, news, religious discrimination, substitution by sally

‘Fashions are a feature of so much in life, and employment law is no exception, where for the moment at least: Status is in vogue. In recent years the appellate courts have considered a range of relationships, and been asked to answer the question: what is the legal characterisation of the claimant’s relationship with the respondent? The question is put more specifically in each case; was the claimant an employee, a worker, an office holder, or truly self-employed as an independent provider of services? But this is merely to particularise the general question: what is the claimant’s status?’

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Littleton Chambers, 31st October 2014

Source: www.littletonchambers.com

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The Duty to Inform and Consult under Regulation 13 of TUPE – Tanfield Chambers

‘The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) have provided a wide range of case law since they came into force. Decisions have often been focused on issues such as what constitutes a relevant transfer or the effect ofinsolvency on a transfer. However, there has been surprisingly little case law which deals with the Regulation 13 TUPE duty to inform and consult and the Regulation 15 TUPE claim to a tribunal for a failure to inform and consult.’

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Tanfield Chambers, 16th October 2014

Source: www.tanfieldchambers.co.uk

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Bring Your Own Device – Managing The Risks – Littleton Chambers

‘On 6 October 2014, the Government published new guidance on BYOD (‘Bring Your Own Device’) which highlights the fact that allowing employees to use their own technology at work is not just a technical issue that needs to be grappled with by IT departments, but has wide-ranging implications for employers.’

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Littleton Chambers, 13th November 2014

Source: www.littletonchambers.com

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Asbestos, recoupment of compensation, and the Pneumoconiosis (Workers’ Compensation) Act 1979 – Zenith PI Blog

Posted November 17th, 2014 in asbestos, benefits, compensation, damages, employment, news by sally

‘Defendants in asbestos-related claims should be careful to ensure that compensation paid under the Pneumoconiosis (Workers Compensation) Act 1979 (“the Act”) is properly deducted from a claimant’s damages, before an order for damages is made against them.’

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Zenith PI Blog, 13th November 2014

Source: www.zenithpi.wordpress.com

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‘You Can’t Always Get What You Want’ – The Defence of ‘Reasonable Practicability’ in a Claim for Breach of the Workplace Regulations – Zenith PI Blog

‘Whilst the caselaw suggests that a defence of ‘reasonable practicability’ in an employers liability claim will often be difficult for a Defendant to make out, a recent High Court decision is a reminder that such a defence can succeed in appropriate circumstances.’

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Zenith PI Blog, 6th November 2014

Source: www.zenithpi.wordpress.com

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High Court judge refuses application by Treasury to lift automatic suspension – Local Government Lawyer

Posted November 5th, 2014 in children, contracts, delay, employment, news, parental rights, public interest, taxation by sally

‘A High Court judge has dismissed an application by the Treasury and two of its agencies to lift an automatic suspension under the Public Contracts Regulations 1996.’

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Local Government Lawyer, 5th November 2014

Source: www.localgovernmentlawyer.co.uk

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Law urgently needed to stop backdated holiday pay claims, employers urge – The Guardian

Posted November 4th, 2014 in appeals, employment, employment tribunals, holiday pay, news, working time by sally

‘Employers are urging the government to rush through emergency legislation to save thousands of companies from having to pay out hundreds of millions of pounds in backdated holiday pay to up to 5 million people.’

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The Guardian, 3rd November 2014

Source: www.guardian.co.uk

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Insurance surgery: Stressing the point – New Law Journal

‘Caroline Coates provides an update on claims for work-related stress.’

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New Law Journal, 31st October 2014

Source: www.newlawjournal.co.uk

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Pensions Regulator fines first employers for breaches of automatic enrolment duties – OUT-LAW.com

Posted October 30th, 2014 in employment, enforcement, fines, news, pensions, reports by sally

‘The amount of enforcement action taken against employers for non-compliance with their automatic enrolment duties rose considerably in September, according to the Pensions Regulator, which has also recently issued its first fines for breaches.’

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OUT-LAW.com, 29th October 2014

Source: www.out-law.com

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Sunrise Brokers LLP v Rodgers – WLR Daily

Posted October 28th, 2014 in appeals, competition, contract of employment, employment, injunctions, law reports by sally

Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373; [2014] WLR (D) 442

‘In considering whether to grant injunctive relief preventing an employee from working for another employer it was critical whether the grant of such relief would be tantamount to compelling the employee to return to work; and the question whether an employee in such a case who refused to return to work was entitled to continuing emoluments was an issue that essentially turned on the facts of the case. There was no rule requiring the employer to give some form of undertaking as to remuneration which went beyond the employer’s obligations under the contract, in order that the employer should be entitled to obtain an injunction.’

WLR Daily, 23rd October 2014

Source: www.iclr.co.uk

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McDonald v National Grid Electricity Transmission plc – WLR Daily

Posted October 28th, 2014 in appeals, asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald v National Grid Electricity Transmission plc [2014] UKSC 53; [2014] WLR (D) 439

‘The Asbestos Industry Regulations 1931, made under section 79 of the Factory and Workshop Act 1901, were capable of applying where a person who, in the course of employment with a different employer, attended the defendant’s premises, and as a visitor viewed workers carrying on a process of mixing asbestos dust with water to form a paste for lagging work which exposed him to asbestos dust, even though the main business of the premises was not the processing of asbestos or the making of asbestos products.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

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Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm – The Guardian

Posted October 23rd, 2014 in employment, equality, news, race discrimination, self-employment, taxis by sally

‘Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm.’

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The Guardian, 22nd October 2014

Source: www.guardian.co.uk

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McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) – Supreme Court

Posted October 22nd, 2014 in asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald (Deceased) (Represented by Mrs Edna McDonald) (Appellant) v National Grid Electricity Transmission Plc (Respondent) [2014] UKSC 53 (YouTube)

Supreme Court, 22nd October 2014

Source: www.youtube.com/user/UKSupremeCourt

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New laws to support Good Samaritans move forward – Ministry of Justice

Posted October 22nd, 2014 in bills, employment, insurance, news, volunteers by sally

‘Law changes designed to support Good Samaritans and community heroes yesterday moved a step forward.’

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Ministry of Justice, 21st October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

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Second bite of the cherry? Bringing a second action against different employers for development of mesothelioma: abuse of process, cause of action estoppel and discretion under s33 Limitation Act 1980 considered – Zenith PI Blog

‘Would an action against employers who were unidentifiable at the time of an initial claim against 8 other employers in 2003 succeed where it was argued that such proceedings were an abuse of process of the court, that there was cause of action estoppel and where the claim was statute barred and required an application under s 33 Limitation Act 1980?’

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Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

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Court of Appeal: employer not in breach of duty of care by beginning disciplinary proceedings – OUT-LAW.com

Posted October 17th, 2014 in appeals, disciplinary procedures, duty of care, employment, news, universities by tracey

‘A university did not breach its duty of care towards an employee by beginning disciplinary proceedings against her after what the employee argued was an inadequate investigation, the Court of Appeal in England and Wales has ruled.’

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OUT-LAW.com, 16th October 2014

Source: www.out-law.com

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Zero Hours – A Zero Sum game? – Cloisters

Posted October 15th, 2014 in contracts, employment, news by sally

‘To many on the left, the use of zero hours contracts represent the logical extension of a form of capitalism that puts profit and flexibility over people and employment rights: a legal metaphor for austerity Britain, with its cuts to public spending, pay day loans and the so called “bedroom tax”.’

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Cloisters, 3rd October 2014

Source: www.cloisters.com

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The need to reform whistleblowing laws – OUP Blog

‘“Why didn’t anyone in the know say something about it?” That’s the natural reaction of the public when some shocking new scandal – financial wrongdoing, patient neglect, child abuse – comes to light. The question highlights the role of the whistleblower. He or she can play a vital role in ensuring that something is done about activity which is illegal or dangerous. But the price which the whistleblower pays may be high – ostracism by colleagues, victimisation by the employer, dismissal, informal blacklisting by other employers who fear taking on a “troublemaker”.’

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OUP Blog, 11th October 2014

Source: www.blog.oup.com

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