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.’

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Employment Law Blog, 20th July 2016

Source: www.employment11kbw.com

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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.’

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Daily Telegraph, 20th July 2016

Source: www.telegraph.co.uk

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Uber faces court battle with drivers over employment status – The Guardian

‘Uber is facing a legal challenge from drivers who say that they should be recognised officially as workers at the company, as calls grow for new rights for the UK’s burgeoning army of self-employed individuals.’

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The Guardian, 19th July 2016

Source: www.guardian.co.uk

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Two thirds of lesbian and bisexual women experience discrimination at work, research finds – The Independent

‘Two thirds of lesbian and bisexual women have experienced discrimination in the workplace, research has found.’

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The Independent, 19th July 2016

Source: www.independent.co.uk

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Increased risks for employers, says expert, as new illegal working offences come into force – OUT-LAW.com

Posted July 13th, 2016 in criminal justice, employment, immigration, news, prosecutions, sentencing by sally

‘New immigration offences have now come into force, meaning it will now be easier to prosecute those who employ illegal workers.’

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OUT-LAW.com, 13th July 2016

Source: www.out-law.com

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Brexit and Mrs Webb: Return of the sick man versus pregnant woman? – Cloisters

Posted July 12th, 2016 in EC law, employment, news, sex discrimination, treaties by sally

‘The EU widened the scope of protection against gender discrimination considerably. Advancements have included protection relating to equal pay, paid time off for antenatal appointments, pregnancy discrimination, parental leave and urgent time off for family reasons, paid maternity leave and the right to equal treatment for part-time, fixed-term and agency workers.’

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Cloisters, 22nd June 2016

Source: www.cloisters.com

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Benjamin Gray Discusses Taiwo v Olaigbe: Discrimination on Immigration Status is not Race Discrimination – Littleton Chambers

‘The Supreme Court has held that less favourable treatment on the grounds of or because of immigration status is not discrimination because of nationality in Taiwo v Olaigbe and another [2016] UKSC 31.’

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Littleton Chambers, 23rd June 2016

Source: www.littletonchambers.com

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Expanding the Frontiers of Indirect Discrimination: Disadvantage and Associative Discrimination – Littleton Chambers

Posted July 12th, 2016 in appeals, EC law, employment, employment tribunals, equality, judgments, news by sally

‘This paper address recent developments where the courts have considered the fundamental concepts of discrimination law and, the case law has both expanded the frontiers of discrimination whilst at the same time created some difficult hurdles for Claimants. The issues can best be considered by way of a factual example, which is set out below, and which will be considered at each stage of the paper.’

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Littleton Chambers, 7th June 2016

Source: www.littletonchambers.com

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Once a Professional, Always a Professional – Littleton Chambers

‘Many professions, for example doctors, lawyers etc require individuals to register and maintain a practising certificate in order to practice. Others do not. This can be a key difference when it comes to considering the jurisdiction of their regulator.’

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Littleton Chambers, 7th June 2016

Source: www.littletonchambers.com

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What Price a Comment! Chelsea Football Club v Carneiro – Park Square Barristers

‘The public falling out between Jose’ Mourinho and Eva Carneiro happened during the first game of the season at Stamford Bridge, home of Chelsea Football Club. The manner in which this situation unfolded dominated the headlines, which resulted in a settlement at the Employment Tribunal, Croydon, London on Tuesday 7th June 2016.’

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Park Square Barristers, 15th June 2016

Source: www.parksquarebarristers.co.uk

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Daniel Tatton-Brown QC on Misuse of Confidential Information and Interim Remedies -Littleton Chambers

‘A rogue employee leaving their employer and taking with him confidential information such as a customer or pricing list can potentially cause significant damage to the ex-employer’s business.’

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Littleton Chambers, 12th July 2016

Source: www.littletonchambers.com

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Anthony Korn Examines the Potential Implications of Brexit on Employment Law – No. 5 Chambers

Posted July 12th, 2016 in EC law, employment, news, referendums, treaties by sally

‘One area of law where Brexit may have an impact is employment law.’

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No. 5 Chambers, 1st July 2016

Source: www.no5.com

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Father loses right to care for baby son after social services raise alarm over his ‘risky’ use of apps ‘for the purposes of sexual intercourse’ – Daily Telegraph

‘A 29-year-old unemployed man who wanted to care for his baby son has lost a family court fight after social workers complained about him meeting women online for sex.’

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Daily Telegraph, 5th July 2016

Source: www.telegraph.co.uk

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Bar chairman warns on post-Brexit practising rights – Legal Futures

‘The ramifications of leaving the European Union are likely to be wide-ranging and could restrict the ability of barristers to practise outside England and Wales, the chairman of the Bar Council has warned.’

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Legal Futures, 6th July 2016

Source: www.legalfutures.co.uk

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Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin) – WLR Daily

Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin)

‘In August 2013 the appellant was engaged on an hourly paid fixed term contract as a lecturer by a further education establishment. In November 2013 he was suspended from work, pending the outcome of an internal investigation, following a complaint of alleged inappropriate behaviour by the appellant towards a part-time 17-year-old learner in his class. The appellant resigned before the conclusion of the internal disciplinary hearing. In May 2015 allegations of unacceptable professional conduct in relation to the complaint were formally referred to the National College for Teaching and Leadership (“NCTL”) on behalf of the Secretary of State for Education. At that time there was no evidence that the appellant was teaching or engaged to teach anywhere. In February 2016 a professional conduct panel of the NCTL found the appellant guilty of unacceptable professional conduct and recommended that the Secretary of State impose an indefinite prohibition order. The NCTL later became aware that the appellant had worked as a school teacher from January to March 2016, ceasing a few days before he received the prohibition order. ‘

WLR Daily, 29th June 2016

Source: www.iclr.co.uk

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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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