How Interesting? The public interest disclosure requirement of s.43B(1) of the Employment Rights Act – No. 5 Chambers

Posted July 27th, 2015 in disclosure, employment, news, public interest, whistleblowers by sally

‘Not everything that may be interesting to the public is likely to be ‘in the public interest’. But is that a commonly held or understood view? Does the retention of a subjective test in s.43B(1) of the Employment Rights Act 1996 (detriment due to the making of a ‘public interest’ disclosure) mean that the purpose of the 2013 amendment to that section will not always achieve the intended aim?’
Full story

No. 5 Chambers, 30th July 2015

Source: www.no5.com

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Criminal record checks: guidance for employers – Home Office

‘How employers or organisations can request DBS checks for potential employees.’

Full guidance

Home Office, 14th July 2015

Source: www.gov.uk/home-office

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Sainsbury’s faces equal pay battle with female shop floor workers – The Guardian

‘Sainsbury’s is facing legal action from four female shopfloor workers who claim they are paid less than men to do equally valuable jobs at the supermarket chain.
The case, which will be the subject of a preliminary hearing at a Birmingham employment tribunal on Friday, comes as a similar legal action involving 6,000 female Asda employees remains to be settled.’

Full story

The Guardian, 9th July 2015

Source: www.guardian.co.uk

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UK court rejects Afghan interpreters’ discrimination claims – The Guardian

Posted July 9th, 2015 in appeals, armed forces, employment, interpreters, news, race discrimination by sally

‘Former local interpreters who risked their lives working for the British military in Afghanistan have lost their high court challenge to a government assistance scheme they say unlawfully discriminates against them.’

Full story

The Guardian, 8th July 2015

Source: www.guardian.co.uk

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Fruit farm manager jailed over deaths of men who ‘scuba dived’ for apples – The Guardian

‘A fruit farm manager has been jailed for the manslaughter of two workers who died after climbing into a sealed storage unit to collect the best apples for a competition.’

Full story

The Guardian, 1st July 2015

Source: www.guardian.co.uk

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Essop and others v Home Office (UK Border Agency) – WLR Daily

Essop and others v Home Office (UK Border Agency) [2015] EWCA Civ 609; [2015] WLR (D) 269

‘In order to succeed in claims of indirect discrimination under section 19 of the Equality Act 2010 based upon the protected characteristics of race and/or age the claimants had to prove the nature of the group disadvantage for the purposes of surmounting the section 19(2)(b) hurdle and each claimant had also to prove that he had suffered the same disadvantage for the purposes of surmounting the section 19(2)(c) hurdle.’

WLR Daily, 22nd June 2015

Source: www.iclr.co.uk

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New UK immigration rules: will you be affected? – The Guardian

Posted June 25th, 2015 in employment, immigration, news, nurses, remuneration by sally

‘Migrants who have spent more than five years working in the country will be required to earn £35,000 per year or else face deportation, according to a policy that comes into effect in April next year. The policy, announced in 2012 by British Home Secretary Theresa May, has been criticised this week by the Royal College of Nursing. They predicted chaos in the health service, and urged the Home Office to add nursing to the list of occupations exempt from the rules and reconsider the salary threshold.’
Full story

The Guardian, 24th June 2015

Source: www.guardian.co.uk

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Andrew Stocker found guilty of gross negligence manslaughter following death of employees on an apple farm – Crown Prosecution Service

Posted June 22nd, 2015 in employment, health & safety, homicide, negligence, press releases by tracey

‘Andrew Stocker has been found guilty by a jury of gross negligence manslaughter at Winchester Crown Court.’

Full press release

Crown Prosecution Service, 19th June 2015

Source: www.cps.gov.uk

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Ronayne v Liverpool Women’s Hospital NHS Foundation Trust – WLR Daily

Ronayne v Liverpool Women’s Hospital NHS Foundation Trust: [2015] EWCA Civ 588; [2015] WLR (D) 263

‘Where a claimant alleged that he suffered psychiatric injury as a secondary party caused by observing in a hospital setting the consequences of clinical negligence, the court was to take into account the fact that a visitor to a hospital would expect to see patients connected to machines and drips and things they would not like to see, was necessarily to a certain degree conditioned as to what to expect and was likely to be warned by medical staff of an impending encounter likely to prove more than ordinarily distressing. Whether an event was “horrifying” for the purposes of such a claim was to be judged by objective standards and by reference to ordinary susceptibility.’

WLR Daily, 17th June 0215

Source: www.iclr.co.uk

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UK Immigration: illegal working and EU reform – Halsbury’s Law Exchange

Posted June 4th, 2015 in appeals, banking, bills, deportation, employment, immigration, landlord & tenant, news by sally

‘The Queen’s speech, which announces the Government’s agenda for the next five years, would not be the same without some proposals on immigration reform. We were not let down and the plan of attack will be a new Immigration Bill which will focus on illegal workers, overstayers and rogue employers.’

Full story

Halsbury’s Law Exchange, 3rd June 2015

Source: www.halsburyslawexchange.co.uk

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International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) – WLR Daily

International Energy Group Ltd v Zurich Insurance plc (Association of British Insurers and another intervening) [2015] UKSC 33; [2015] WLR (D) 233

‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

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Regina (AB) v Chief Constable of Hampshire Constabulary – WLR Daily

Regina (AB) v Chief Constable of Hampshire Constabulary [2015] EWHC 1238 (Admin); [2015] WLR (D) 225

‘While the disclosure by police of non-conviction material to a third party involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the common law empowered the police to disclose relevant information to relevant parties, where it was necessary for police purposes such as the public protection. Moreover, the Data Protection Act 1998 and the relevant statutory and administrative codes, provided a sufficiently clear, accessible and consistent set of rules, so as to prevent arbitrary or abusive interference with an individual’s article 8 rights; such that the disclosure would be in accordance with law.’

WLR Daily, 20th May 2015

Source: www.iclr.co.uk

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Jewish woman wins £16k damages over Shabbat row – Daily Telegraph

Posted June 1st, 2015 in damages, employment, Judaism, news, religious discrimination by michael

‘A Jewish woman has won £16,000 damages from a car rental firm after it rejected her job application because her religion prevents her from working on Saturdays.’

Full story

Daily Telegraph, 29th May 2015

Source: www.telegraph.co.uk

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How to stop your business leaving the building… – Technology Law Update

‘The nightmare scenario. Your co-directors leave and set up a competing business. They lure employees to join them and use your systems and processes to create a copycat product or service. What can you do?’

Full story

Technology Law Update, 27th May 2015

Source: www.technology-law-blog.co.uk

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UK Supreme Court judges show little appetite for extending ‘Fairchild’ exception to other scenarios, says expert – OUT-LAW.com

‘Comments made by some of the UK’s top judges during a recent ruling appear to signal their reluctance to extend the so-called ‘Fairchild’ exception to the normal rules of causation to cover any more types of damage or injury, an expert has said.’

Full story

OUT-LAW.com, 26th May 2015

Source: www.out-law.co.com

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Tories’ legislation to protect zero-hours workers called ‘toothless’ by lawyers – The Guardian

Posted May 27th, 2015 in contract of employment, employment, enforcement, news by sally

‘Legislation that the prime minister, David Cameron, boasted will protect workers on zero-hours contracts has been described as toothless by employment lawyers.’

Full story

The Guardian, 26th May 2015

Source: www.guardian.co.uk

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Queen’s Speech 2015: Scrapping the human rights act, right to buy, and an EU referendum – what you can expect – The Independent

‘The Queen’s Speech marks the start of this session of parliament. The address, written by government ministers, is delivered by the Queen and lays out the Government’s agenda for the next year.’

Full story

The Independent, 26th May 2015

Source: www.independent.co.uk

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Housekeeper jailed for stealing antiques and artwork from employer – The Guardian

Posted May 8th, 2015 in employment, fraud, news, sentencing, theft by tracey

‘A former showjumper who stole antiques and art including a Picasso sketch and Ben Nicholson painting from a countess while working as her housekeeper has been jailed for three years.’

Full story

The Guardian, 7th May 2015

Source: www.guardian.co.uk

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University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) – Supreme Court

University and College Union (Appellant) v The University of Stirling (Respondent) (Scotland) [2015] UKSC 26 (YouTube)

Supreme Court, 29th April 2015

Source: www.youtube.com/user/UKSupremeCourt

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Recovering penalties from directors and employees: Safeway revisited – Competition Bulletin from Blackstone Chambers

Posted April 30th, 2015 in company directors, competition, damages, employment, fines, news, penalties by sally

‘Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages?’

Full story

Competition Bulletin from Blackstone Chambers, 29th April 2015

Source: www.competitionbulletin.com

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