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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Winehouse row coroner sanctioned by SRA – Law Society’s Gazette

Posted October 8th, 2014 in coroners, employment, inquests, news, Solicitors Regulation Authority by sally

‘The coroner whose improper appointment of his wife led to the inquest into the death of singer Amy Winehouse being reheard has been sanctioned by the Solicitors Regulation Authority.’

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Law Society’s Gazette, 7th October 2014

Source: www.lawgazette.co.uk

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Dhunna v CreditSights Ltd – WLR Daily

Posted October 2nd, 2014 in employment, jurisdiction, law reports, unfair dismissal by tracey

Dhunna v CreditSights Ltd: [2014] EWCA Civ 1238; [2014] WLR (D) 404

‘An employee who was working or based abroad at the time of his dismissal did not fall within the territorial jurisdiction of section 94(1) of the Employment Rights Act 1996, which provided for the right not to be unfairly dismissed, or section 10 of the Employment Relations Act 1999, which provided for the right to be accompanied at a disciplinary hearing, subject to the exception that he might fall within that jurisdiction if he had much stronger connections both with Great Britain and with British employment law than with any other system of law. In determining that question a comparison of the merits of the local employment law of the employee’s workplace at the time of his dismissal with that of the employment law applicable in Great Britain was not relevant or required.’

WLR Daily, 19th September 2014

Source: www.iclr.co.uk

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Calculating Damages for a Lost Career: Sharan Griffin v Plymouth Hospital NHS Trust – Employment Law Blog

‘Harini Iyengar comments on the latest Court of Appeal case on the calculation of damages for a lost career.’

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Employment Law Blog, 25th September 2014

Source: www.employment11kbw.com

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Unfair Dismissal, Territorial Jurisdiction and the Higgs Boson – Littleton Chambers

‘When Lord Hoffmann gave the only substantive judgment of the House of Lords in Lawson v. Serco Ltd [2006] ICR 250 it was no doubt envisaged that the knotty question of territorial jurisdiction of s.94(1) of the Employment Rights Act 1996 (“ERA 1996”)– the right not to be unfairly dismissed – would be resolved once and for all. It was, after all, the first time that their Lordships had considered the question, and they did so unanimously in the context of three co-joined appeals.’

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Littleton Chambers, 22nd September 2014

Source: www.littletonchambers.com

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Lawful Age Discrimination? – No. 5 Chambers

‘Caroline Jennings reviews the recent EAT case of Palmer v RBS UKEAT/0083/14 which concerns whether or not a statutory restriction on eligibility for early retirement benefits could amount to age discrimination.’

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No. 5 Chambers, 19th September 2014

Source: www.no5.com

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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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