Employment lawyers blast draft law on recovery of public sector exit payments – Local Government Lawyer

Posted September 19th, 2014 in bills, consultations, employment, local government, news, remuneration by tracey

‘Planned Government legislation to claw back exit payments from high-earning public sector staff if they get another job within 12 months is “unclear and ill-conceived”, the Employment Lawyers Association (ELA) has warned.’

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Local Government Lawyer, 18th September 2014

Source: www.localgovernmentlawyer.co.uk

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Victims’ Rights, the EU Charter, and Passport Confiscation – the Human Rights Roundup – UK Human Rights Blog

‘In recent news, the government outlines proposals for increased rights for the victims of crime, as well as for the revocation and confiscation of passports for ISIS fighters returning to the UK. In other news, the legality of the EU Charter comes back to haunt Chris Grayling once again.’

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UK Human Rights Blog, 15th September 2014

Source: www.ukhumanrightsblog.com

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Broker ‘loses unfair dismissal claim from City traders after abuse complaints’ – The Independent

Posted September 11th, 2014 in banking, employment, news, unfair dismissal by sally

‘A broker has lost a claim that he was bullied into leaving a City trading firm where “homophobic, racist and sexist” abuse was widespread, according to a report.’

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The Independent, 10th September 2014

Source: www.independent.co.uk

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Ofsted: government failing to act over long-term NEETs – Daily Telegraph

Posted September 8th, 2014 in education, employment, news, ombudsmen, school children, statistics by sally

‘Ofsted warns that reforms designed to prevent school leavers becoming NEETs – not in education, employment or training – merely end up “delaying their fall” into the category at a later stage.’

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Daily Telegraph, 7th September 2014

Source: www.telegraph.co.uk

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Should you ever sue your boss for discrimination? – Daily Telegraph

‘Former police officer Carol Howard has won £37,000 from the Met, after two years fighting her case against racial and gender discrimination. A victory, yes, but hard won. So is it ever worth suing your boss? Radhika Sanghani asks the legal experts.’

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Daily Telegraph, 4th September 2014

Source: www.telegraph.co.uk

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Proving and Disproving Discrimination – Cloisters

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
How judges apply the burden of proof s136(2)(3) EA 2010.
What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC.
What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

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Cloisters, 29th August 2014

Source: www.cloisters.com

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Met discriminated against black female police officer, tribunal finds – The Guardian

‘Scotland Yard subjected a black female officer to “vindictive … spiteful … insulting, malicious and oppressive” treatment and greeted her victory against the force in a discrimination case by trying to smear her name, a tribunal has found.’

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The Guardian, 2nd September 2014

Source: www.guardian.co.uk

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Maternity leave: a fair deal for returning mothers? – Halsbury’s Law Exchange

Posted September 2nd, 2014 in employment, maternity leave, news, sex discrimination by sally

‘Six out of ten mothers think their careers were “derailed” and they faced open discrimination after becoming pregnant, new research by Slater & Gordon has revealed.’

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Halsbury’s Law Exchange, 2nd September 2014

Source: www.halsburyslawexchange.co.uk

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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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