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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Restaurant staff ‘should keep their tips’ – BBC News

Posted May 3rd, 2016 in consultations, employment, news, remuneration, service charges by tracey

‘Waiting staff should receive their tips in full and it should be clearer to customers that gratuities are optional, the business secretary has said.’

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BBC News, 2nd May 2016

Source: www.bbc.co.uk

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Staff handbook provisions had contractual effect, rules Court of Appeal – OUT-LAW.com

Posted April 27th, 2016 in appeals, contract of employment, contracts, documents, employment, news by sally

‘A recent decision by the Court of Appeal provides a “helpful summary” of the circumstances in which employment terms set out in separate documents should be considered incorporated into employee’s contracts, according to an employment law expert.’

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OUT-LAW.com, 26th Aoril 2016

Source: www.out-law.com

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Leading employment judges call for law banning ‘fattism’ in workplace – The Independent

Posted April 25th, 2016 in disabled persons, employment, equality, news, obesity, statistics by sally

‘A leading judge has claimed that overweight workers could soon have the power to tackle “fattist” discrimination in the workplace by suing colleagues who make inappropriate comments about body size.’

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The Independent, 25th April 2016

Source: www.independent.co.uk

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Sparks and others v Department for Transport – WLR Daily

Posted April 20th, 2016 in contract of employment, employment, law reports, sick leave by sally

Sparks and others v Department for Transport [2016] EWCA Civ 360

‘A provision in the employer’s staff handbook stated that where in any 12 month period the employee had taken a number of short term absences which together exceeded 21 working days, the employee’s line manager would discuss his attendance record with him, and only if those “trigger points” had been exceeded and the line manager had consequently acknowledged that there was a problem with the employee’s attendance would the line manager take the matter forward in accordance with the relevant attendance procedures. The handbook provided that all it provisions which applied to the particular employee and were apt for incorporation should be incorporated into the employee’s contract of employment. The provision in question was in a part of the handbook on ill health, which contained the following introductory words: “This chapter sets out your terms and conditions of employment relating to sick leave … [and] the management of poor attendance….” Seven employees, all of whom were employed by different agencies within the same government department and were subject to somewhat different but materially similar provisions, brought claims contending that those provisions were terms of the contracts of employment between them and their employer. The employer maintained that the provisions were not legally enforceable contractual terms but mere notes of guidance or good practice of no legal force. The provision in respect of cumulative short-term absences in the first employee’s documents was taken to determine the question between the employer and all the employees. The judge held that the provisions were terms of the employees’ contracts of employment, and made declarations to that effect. As a result the judge declared that a new policy of attendance management introduced by the employer in July 2012 had not been effective to vary the contractual terms of the employment contracts and was not contractually binding on the employees.’

WLR Daily, 14th April 2016

Source: www.iclr.co.uk

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Employment Law Implications for Liquidated Damages and the Penalty Rule Following El Makdessi – Littleton Chambers

Posted April 14th, 2016 in appeals, contracts, damages, employment, news, penalties, Supreme Court by sally

‘In English law there is a presumption in favour of freedom of contract. The penalty rule represents an exception to that principle. A properly drafted liquidated damages clause entitles the claimant to recover the amount stipulated in the clause even if the actual loss is less than the amount payable. The inclusion of the clause is intended to provide certainty, to make the recovery of damages easier and less costly and, from the opposite perspective, to limit liability.’

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Littleton Chambers, 4th April 2016

Source: www.littletonchambers.com

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Vicarious liability for rogue employee’s data leak – Panopticon

‘Suppose confidential, private and sensitive information is sold, leaked or otherwise wrongly disclosed by a rogue employee: is the employer vicariously liable? This question is a troubling one for many an employer and data controller. A new judgment on a claim for misuse of private information sheds some light on this question – and will not be comforting for employers and data controllers. The case is Axon v Ministry of Defence [2016] EWHC 787 (QB).’

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Panopticon, 12th April 2016

Source: www.panopticonblog.com

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Global firm must pay £118k over negligent advice – Law Society’s Gazette

Posted April 8th, 2016 in contracts, costs, damages, documents, employment, law firms, negligence, news, standards by tracey

‘A High Court judge has ordered global firm King & Wood Mallesons to pay damages over negligent advice it gave to a commodities business intelligence firm – although they were only 5% of the sum claimed.’

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Law Society’s Gazette, 7th April 2016

Source: www.lawgazette.co.uk

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Junior doctors’ row: Government hit with second legal challenge over contracts – BBC News

‘A second legal challenge has been made over the government’s decision to impose a new contract on junior doctors in England.’

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BBC News, 4th April 2016

Source: www.bbc.co.uk

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Would-be barrister fails in bid to lift vexatious litigant order – Legal Futures

‘The High Court has rejected a bid by a would-be barrister to lift a decade-old declaration that she was a vexatious litigant, which she said was harming her prospects of becoming a lawyer.’

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Legal Futures, 4th April 2016

Source: www.legalfutures.co.uk

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Fifth of women harassed at work over pregnancy or flexible hours, report finds – The Guardian

‘Three-quarters of pregnant women and new mothers experience discrimination at work and one in nine lose their job as a result, government-commissioned research has found.’

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The Guardian, 22nd March 2016

Source: www.guardian.co.uk

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What are the Legal Obligations on Sports Clubs Looking to Dismiss an Underperforming Manager? – Littleton Chambers

Posted March 22nd, 2016 in clubs, disciplinary procedures, employment, news, sport by sally

‘The performance of sports managers is a constant subject of discussion both in the media and amongst fans, with many holding strong views over whether an individual is properly performing in their role.’

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Littleton Chambers, 4th March 2016

Source: www.littletonchambers.com

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Supreme Court judgment on vicarious liability: Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 – Park Square Barristers

Posted March 22nd, 2016 in appeals, assault, employment, news, Supreme Court by sally

‘Is an employer vicariously liable for the errant conduct of an employee who attacks a customer? Yes, according to the Supreme Court in unanimously giving judgment for the appellant in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased) v WM Morrison Supermarkets plc [2016] UKSC 11, handed down today.’

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Park Square Barristers, 2nd March 2016

Source: www.parksquarebarristers.co.uk

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