Current Awareness » employment http://www.innertemplelibrary.com from the Inner Temple Library Tue, 18 Jun 2013 15:34:06 +0000 en-US hourly 1 Enterprise and Regulatory Reform Act 2013 – No. 5 Chambers http://www.innertemplelibrary.com/2013/06/enterprise-and-regulatory-reform-act-2013-no-5-chambers/ http://www.innertemplelibrary.com/2013/06/enterprise-and-regulatory-reform-act-2013-no-5-chambers/#comments Tue, 18 Jun 2013 10:50:42 +0000 sally http://www.innertemplelibrary.com/?p=84473 “The Enterprise and Regulatory Reform Act 2013 [‘ERRA’] received Royal Assent on 25 April 2013, bringing some significant changes to employment law and tribunal procedure. Gemma Roberts highlights the main reforms affecting employment tribunal, ACAS procedure and the changes to whistleblowing; Mugni Islam-Choudhury considers the amendments introduced to the Equality Act 2010.”

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No. 5 Chambers, 6th June 2013

Source: www.no5.com

]]> http://www.innertemplelibrary.com/2013/06/enterprise-and-regulatory-reform-act-2013-no-5-chambers/feed/ 0 Expert: ruling gives ‘very little comfort’ to employers looking to defend compulsory retirement age in partnership case – OUT-LAW.com http://www.innertemplelibrary.com/2013/06/expert-ruling-gives-very-little-comfort-to-employers-looking-to-defend-compulsory-retirement-age-in-partnership-case-out-law-com/ http://www.innertemplelibrary.com/2013/06/expert-ruling-gives-very-little-comfort-to-employers-looking-to-defend-compulsory-retirement-age-in-partnership-case-out-law-com/#comments Tue, 04 Jun 2013 10:55:19 +0000 sally http://www.innertemplelibrary.com/?p=84114 “Employers looking to defend or reintroduce a mandatory retirement age will find ‘very little comfort’ in last week’s decision allowing a law firm to force a partner to retire at 65, an expert has said.”

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OUT-LAW.com, 4th June 2013

Source: www.out-law.com

]]> http://www.innertemplelibrary.com/2013/06/expert-ruling-gives-very-little-comfort-to-employers-looking-to-defend-compulsory-retirement-age-in-partnership-case-out-law-com/feed/ 0 Government consults on new tax rules for UK workers employed through offshore intermediaries – OUT-LAW.com http://www.innertemplelibrary.com/2013/06/government-consults-on-new-tax-rules-for-uk-workers-employed-through-offshore-intermediaries-out-law-com/ http://www.innertemplelibrary.com/2013/06/government-consults-on-new-tax-rules-for-uk-workers-employed-through-offshore-intermediaries-out-law-com/#comments Mon, 03 Jun 2013 10:37:26 +0000 sally http://www.innertemplelibrary.com/?p=84082 “New rules aimed at ensuring that businesses which employ UK-based workers through offshore structures pay the correct employment taxes have been published for consultation by the Government.”

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OUT-LAW.com, 31st May 2013

Source: www.out-law.com

]]> http://www.innertemplelibrary.com/2013/06/government-consults-on-new-tax-rules-for-uk-workers-employed-through-offshore-intermediaries-out-law-com/feed/ 0 Contracting a contagious disease in the course of a teacher’s employment – Employment Law Blog http://www.innertemplelibrary.com/2013/05/contracting-a-contagious-disease-in-the-course-of-a-teachers-employment-employment-law-blog/ http://www.innertemplelibrary.com/2013/05/contracting-a-contagious-disease-in-the-course-of-a-teachers-employment-employment-law-blog/#comments Fri, 31 May 2013 09:14:31 +0000 sally http://www.innertemplelibrary.com/?p=84048 “The Burgundy Book (the Conditions of Service for School Teachers in England and Wales) provides that a teacher is entitled to full pay where her ‘absence was due to an infectious or contagious illness contracted directly in the course of the teacher’s employment’, and that ‘such absence was not be reckoned against the teacher’s entitlement to sick leave’.”

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Employment Law Blog, 30th May 2013

Source: www.employment11kbw.com

]]> http://www.innertemplelibrary.com/2013/05/contracting-a-contagious-disease-in-the-course-of-a-teachers-employment-employment-law-blog/feed/ 0 Employers forced to repay workers for refusing minimum wage – The Guardian http://www.innertemplelibrary.com/2013/05/employers-forced-to-repay-workers-for-refusing-minimum-wage-the-guardian/ http://www.innertemplelibrary.com/2013/05/employers-forced-to-repay-workers-for-refusing-minimum-wage-the-guardian/#comments Fri, 31 May 2013 08:11:54 +0000 sally http://www.innertemplelibrary.com/?p=84039 “Tens of thousands of workers who were denied the minimum wage have received hundreds of pounds in back pay from their employers following tougher enforcement policy by tax inspectors. Over the last year more than 26,000 workers were paid back £4m after action by HM Revenue and Customs, who are responsible for enforcing minimum wage laws.”

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The Guardian, 30th May 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/05/employers-forced-to-repay-workers-for-refusing-minimum-wage-the-guardian/feed/ 0 The New World of Whistleblowing: bringing back the public interest – 11 KBW http://www.innertemplelibrary.com/2013/05/the-new-world-of-whistleblowing-bringing-back-the-public-interest-11-kbw/ http://www.innertemplelibrary.com/2013/05/the-new-world-of-whistleblowing-bringing-back-the-public-interest-11-kbw/#comments Wed, 29 May 2013 14:59:55 +0000 sally http://www.innertemplelibrary.com/?p=84017 “The enactment of the Public Interest Disclosure Act 1998 (“PIDA”) was designed to introduce important protection for those blowing the whistle to draw attention to wrongdoing discovered in the workplace. During the passage of the Bill in the House of Lords, Lord Nolan commended those behind it ‘for so skilfully achieving the essential but delicate balance in this measure between the public interest and the interests of employers’. Fifteen years on, the verdict is less effusive. Significant gaps had been identified in the legislation, for example in failing to impose vicarious liability on employers for acts of victimisation carried out by their employees or agents. In other respects, however, PIDA has come to be seen a blunt instrument, enabling disgruntled employees to seek unlimited compensation despite having done nothing to further the public interest.”

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11 KBW, 22nd May 2013

Source: www.11kbw.com

]]> http://www.innertemplelibrary.com/2013/05/the-new-world-of-whistleblowing-bringing-back-the-public-interest-11-kbw/feed/ 0 Breach of confidence requires infringer having knowledge of breach, rules Supreme Court – OUT-LAW.com http://www.innertemplelibrary.com/2013/05/breach-of-confidence-requires-infringer-having-knowledge-of-breach-rules-supreme-court-out-law-com/ http://www.innertemplelibrary.com/2013/05/breach-of-confidence-requires-infringer-having-knowledge-of-breach-rules-supreme-court-out-law-com/#comments Tue, 28 May 2013 15:10:36 +0000 sally http://www.innertemplelibrary.com/?p=83985 “Former employees of companies that use trade secrets to develop products cannot automatically be found to have acted in breach of confidence if they are involved in rival operations that exploit the protected information, the Supreme Court has ruled.”

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OUT-LAW.com, 28th May 2013

Source: www.out-law.com

]]> http://www.innertemplelibrary.com/2013/05/breach-of-confidence-requires-infringer-having-knowledge-of-breach-rules-supreme-court-out-law-com/feed/ 0 European Court of Human Rights rejects Christians’ cases that their religious rights were violated by employers – The Independent http://www.innertemplelibrary.com/2013/05/european-court-of-human-rights-rejects-christians-cases-that-their-religious-rights-were-violated-by-employers-the-independent/ http://www.innertemplelibrary.com/2013/05/european-court-of-human-rights-rejects-christians-cases-that-their-religious-rights-were-violated-by-employers-the-independent/#comments Tue, 28 May 2013 15:06:40 +0000 sally http://www.innertemplelibrary.com/?p=83984 “Three British Christians who claimed their religious rights were violated by employers were told by European judges today that they could take their rejected cases no further.”

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The Independent, 28th May 2013

Source: www.independent.co.uk

]]> http://www.innertemplelibrary.com/2013/05/european-court-of-human-rights-rejects-christians-cases-that-their-religious-rights-were-violated-by-employers-the-independent/feed/ 0 Law firms have ‘unconscious bias’ that stops women from getting promoted, says senior City lawyer – Daily Telegraph http://www.innertemplelibrary.com/2013/05/law-firms-have-unconscious-bias-that-stops-women-from-getting-promoted-says-senior-city-lawyer-daily-telegraph/ http://www.innertemplelibrary.com/2013/05/law-firms-have-unconscious-bias-that-stops-women-from-getting-promoted-says-senior-city-lawyer-daily-telegraph/#comments Tue, 28 May 2013 10:22:59 +0000 sally http://www.innertemplelibrary.com/?p=83968 “As Lady Justice Hallett, a senior woman judge, warns the ‘frenetic’ pace of life holds women back, a leading lawyer and diversity consultant to the top legal institutions says there is an ‘unconscious bias’ against women in the legal profession.”

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Daily Telegraph, 24th May 2013

Source: www.telegraph.co.uk

]]> http://www.innertemplelibrary.com/2013/05/law-firms-have-unconscious-bias-that-stops-women-from-getting-promoted-says-senior-city-lawyer-daily-telegraph/feed/ 0 When do the secular courts protect the rights of a minister of religion? When is a minister of religion called by God to a non-contractual relationship and when does she do her job under a contract? – Employment Law Blog http://www.innertemplelibrary.com/2013/05/when-do-the-secular-courts-protect-the-rights-of-a-minister-of-religion-when-is-a-minister-of-religion-called-by-god-to-a-non-contractual-relationship-and-when-does-she-do-her-job-under-a-contract/ http://www.innertemplelibrary.com/2013/05/when-do-the-secular-courts-protect-the-rights-of-a-minister-of-religion-when-is-a-minister-of-religion-called-by-god-to-a-non-contractual-relationship-and-when-does-she-do-her-job-under-a-contract/#comments Tue, 21 May 2013 09:01:03 +0000 sally http://www.innertemplelibrary.com/?p=83819 “The Supreme Court held in The President of the Methodist Conference v Preston that a Methodist minister was not an employee and therefore had no claim for unfair dismissal.”

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Employment Law Blog, 20th May 2013

Source: www.employment11kbw.com

]]> http://www.innertemplelibrary.com/2013/05/when-do-the-secular-courts-protect-the-rights-of-a-minister-of-religion-when-is-a-minister-of-religion-called-by-god-to-a-non-contractual-relationship-and-when-does-she-do-her-job-under-a-contract/feed/ 0 Workfare and the First-tier Tribunal – Panopticon http://www.innertemplelibrary.com/2013/05/workfare-and-the-first-tier-tribunal-panopticon/ http://www.innertemplelibrary.com/2013/05/workfare-and-the-first-tier-tribunal-panopticon/#comments Tue, 21 May 2013 08:46:46 +0000 sally http://www.innertemplelibrary.com/?p=83815 “Employment programmes for welfare recipients – often referred to as ‘workfare’ – are highly controversial. In Department for Work and Pensions v Information Commissioner and Zola (EA/2012/0207,0232 and 0233), the First-tier Tribunal considered three FOIA requests for information about companies participating in such programmes. The Tribunal ordered disclosure, rejecting the Department’s reliance on the exemptions in FOIA section 43(2) (prejudice to commercial interests) and section 36(2)(c) (prejudice to the effect conduct of public affairs).”

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Panopticon, 20th May 2013

Source: www.panopticonblog.com

]]> http://www.innertemplelibrary.com/2013/05/workfare-and-the-first-tier-tribunal-panopticon/feed/ 0 Workfare placements must be made public, tribunal rules – The Guardian http://www.innertemplelibrary.com/2013/05/workfare-placements-must-be-made-public-tribunal-rules-the-guardian/ http://www.innertemplelibrary.com/2013/05/workfare-placements-must-be-made-public-tribunal-rules-the-guardian/#comments Mon, 20 May 2013 09:39:26 +0000 sally http://www.innertemplelibrary.com/?p=83776 “The Department for Work and Pensions has lost a major court battle to keep the locations of thousands of workfare placements secret.”

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The Guardian, 19th May 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/05/workfare-placements-must-be-made-public-tribunal-rules-the-guardian/feed/ 0 Preston (formerly Moore) v President of the Methodist Conference – WLR Daily http://www.innertemplelibrary.com/2013/05/preston-formerly-moore-v-president-of-the-methodist-conference-wlr-daily/ http://www.innertemplelibrary.com/2013/05/preston-formerly-moore-v-president-of-the-methodist-conference-wlr-daily/#comments Fri, 17 May 2013 09:11:26 +0000 sally http://www.innertemplelibrary.com/?p=83745 Preston (formerly Moore) v President of the Methodist Conference [2013 UKSC 29; [2013] WLR (D) 179

“The basis for the rights and duties of an ordained minister of the Methodist Church were to be found in the constitutional provisions of the church and not in any arrangement of a kind which could amount to a contract. Therefore a Methodist minister was not an ‘employee’ of the church for the purposes of section 230 of the Employment Rights Act 1996 and was not entitled to bring proceedings for unfair dismissal against the church.”

WLR Daily, 15th May 2013

Source: www.iclr.co.uk

]]> http://www.innertemplelibrary.com/2013/05/preston-formerly-moore-v-president-of-the-methodist-conference-wlr-daily/feed/ 0 The President of the Methodist Conference (Appellant) v Preston (Respondent) – Supreme Court http://www.innertemplelibrary.com/2013/05/the-president-of-the-methodist-conference-appellant-v-preston-respondent-supreme-court/ http://www.innertemplelibrary.com/2013/05/the-president-of-the-methodist-conference-appellant-v-preston-respondent-supreme-court/#comments Thu, 16 May 2013 10:00:52 +0000 sally http://www.innertemplelibrary.com/?p=83712 The President of the Methodist Conference (Appellant) v Preston (Respondent) [2013] UKSC 29 | UKSC 2012/0015 (YouTube)

Supreme Court, 15th May 2013

Source: www.youtube.com/user/UKSupremeCourt

]]> http://www.innertemplelibrary.com/2013/05/the-president-of-the-methodist-conference-appellant-v-preston-respondent-supreme-court/feed/ 0 Supreme Court rules that God is above the law – Daily Telegraph http://www.innertemplelibrary.com/2013/05/supreme-court-rules-that-god-is-above-the-law-daily-telegraph/ http://www.innertemplelibrary.com/2013/05/supreme-court-rules-that-god-is-above-the-law-daily-telegraph/#comments Thu, 16 May 2013 08:23:29 +0000 sally http://www.innertemplelibrary.com/?p=83705 “It has passed judgments affecting multimillionaires, multinational banks and MPs but now Britain’s highest court has made clear that it does not have jurisdiction over God.”

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Daily Telegraph, 15th May 2013

Source: www.telegraph.co.uk

]]> http://www.innertemplelibrary.com/2013/05/supreme-court-rules-that-god-is-above-the-law-daily-telegraph/feed/ 0 High Court Litigation Commercial Bargains and The Common Law – 11 KBW http://www.innertemplelibrary.com/2013/05/high-court-litigation-commercial-bargains-and-the-common-law-11-kbw-2/ http://www.innertemplelibrary.com/2013/05/high-court-litigation-commercial-bargains-and-the-common-law-11-kbw-2/#comments Wed, 15 May 2013 09:30:55 +0000 sally http://www.innertemplelibrary.com/?p=83677 “Employment litigation in the High Court is one of the most interesting and dynamic areas of practice. The cases tend to be fought at the point where countervailing currents commercial and employment law meet and many of the cases turn on resolving the tension between a bargain struck between commercial men and the portmanteau term of trust and confidence. That tension presents an opportunity for the creative advisor and a pitfall for the unwary”

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11 KBW, 10th May 2013

Source: www.11kbw.com

]]> http://www.innertemplelibrary.com/2013/05/high-court-litigation-commercial-bargains-and-the-common-law-11-kbw-2/feed/ 0 Taylor v Chief Constable of Hampshire Police – WLR Daily http://www.innertemplelibrary.com/2013/05/taylor-v-chief-constable-of-hampshire-police-wlr-daily/ http://www.innertemplelibrary.com/2013/05/taylor-v-chief-constable-of-hampshire-police-wlr-daily/#comments Tue, 14 May 2013 09:39:49 +0000 sally http://www.innertemplelibrary.com/?p=83647 Taylor v Chief Constable of Hampshire Police [2013] EWCA Civ 496; [2013] WLR (D) 171

“The Personal Protective Equipment at Work Regulations 1992 were engaged with respect to risks from sharp edges in a claim for damages for personal injury once such a risk was shown to be more than de minimis, and the employer had to provide suitable equipment to protect against that risk unless working methods could provide equal or more effective protection.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

]]> http://www.innertemplelibrary.com/2013/05/taylor-v-chief-constable-of-hampshire-police-wlr-daily/feed/ 0 Whistleblowing – what’s in the public interest? – Halsbury’s Law Exchange http://www.innertemplelibrary.com/2013/05/whistleblowing-whats-in-the-public-interest-halsburys-law-exchange/ http://www.innertemplelibrary.com/2013/05/whistleblowing-whats-in-the-public-interest-halsburys-law-exchange/#comments Tue, 14 May 2013 09:10:41 +0000 sally http://www.innertemplelibrary.com/?p=83644 “Hardly a day goes by without whistleblowing being in the news. Just last month, two police officers were suspended in Cumbria for leaking information to the press about the expenses of an elected Police Commissioner. Last month, the Robert Francis Inquiry published its findings in to the high mortality rates at Mid Staffordshire NHS Trust, which found a culture of fear and silence throughout the organisation which discouraged staff from raising concerns about patient safety. According to research of the University of Greenwich, 80% of the public feel that whistleblowers should be protected. It seems like we are all agreed that we need more whistleblowers and that they should be protected. But why do we continue to hear about whistleblowers being victimised? As we have seen from the Cumbrian example, should police officers be suspended for raising concerns about the expenses of an elected official? When is whistleblowing in the public interest?”

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Halsbury’s Law Exchange, 13th May 2013

Source: www.halsburyslawexchange.co.uk

]]> http://www.innertemplelibrary.com/2013/05/whistleblowing-whats-in-the-public-interest-halsburys-law-exchange/feed/ 0 Failure to comply with the ACAS Code – Employment Law Blog http://www.innertemplelibrary.com/2013/05/failure-to-comply-with-the-acas-code-employment-law-blog/ http://www.innertemplelibrary.com/2013/05/failure-to-comply-with-the-acas-code-employment-law-blog/#comments Tue, 14 May 2013 09:03:40 +0000 sally http://www.innertemplelibrary.com/?p=83643 “Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, inserted by the Employment Act 2008, is concerned with the effect of failure to comply with the ACAS Code. In Lund v St Edmund’s School the EAT, presided over by Keith J, has held that, when considering whether ‘it is just and equitable in all the circumstances’, pursuant to Section 207A, to make an uplift to a compensatory award for an employer’s failure to follow the Code, an Employment Tribunal should not take into account the fact the employee had contributed to his dismissal.”

Full story

Employment Law Blog, 14th May 2013

Source: www.employment11kbw.com

]]> http://www.innertemplelibrary.com/2013/05/failure-to-comply-with-the-acas-code-employment-law-blog/feed/ 0 Separate data protection law for employment relations recommended – OUT-LAW.com http://www.innertemplelibrary.com/2013/05/separate-data-protection-law-for-employment-relations-recommended-out-law-com/ http://www.innertemplelibrary.com/2013/05/separate-data-protection-law-for-employment-relations-recommended-out-law-com/#comments Fri, 10 May 2013 08:52:18 +0000 sally http://www.innertemplelibrary.com/?p=83567 “New laws should be drafted to set specific rules around data protection in employment relations, a new report has recommended.”

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OUT-LAW.com, 9th May 2013

Source: www.out-law.com

]]> http://www.innertemplelibrary.com/2013/05/separate-data-protection-law-for-employment-relations-recommended-out-law-com/feed/ 0 Headteacher under investigation by DfE over cronyism claims – Daily Telegraph http://www.innertemplelibrary.com/2013/05/headteacher-under-investigation-by-dfe-over-cronyism-claims-daily-telegraph/ http://www.innertemplelibrary.com/2013/05/headteacher-under-investigation-by-dfe-over-cronyism-claims-daily-telegraph/#comments Thu, 09 May 2013 11:24:23 +0000 tracey http://www.innertemplelibrary.com/?p=83554 “A headteacher is under investigation following allegations of cheating at exams,
nepotism and cronyism at the primary school she runs.”

Full story

Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

]]> http://www.innertemplelibrary.com/2013/05/headteacher-under-investigation-by-dfe-over-cronyism-claims-daily-telegraph/feed/ 0 Enterprise and Regulatory Reform Act 2013 – legislation.gov.uk http://www.innertemplelibrary.com/2013/05/enterprise-and-regulatory-reform-act-2013-legislation-gov-uk/ http://www.innertemplelibrary.com/2013/05/enterprise-and-regulatory-reform-act-2013-legislation-gov-uk/#comments Fri, 03 May 2013 10:10:29 +0000 tracey http://www.innertemplelibrary.com/?p=83462 Full text of Act

Source: www.legislation.gov.uk

]]> http://www.innertemplelibrary.com/2013/05/enterprise-and-regulatory-reform-act-2013-legislation-gov-uk/feed/ 0 Employee shareholders approved after House of Lords accepts final concessions – OUT-LAW.com http://www.innertemplelibrary.com/2013/04/employee-shareholders-approved-after-house-of-lords-accepts-final-concessions-out-law-com/ http://www.innertemplelibrary.com/2013/04/employee-shareholders-approved-after-house-of-lords-accepts-final-concessions-out-law-com/#comments Fri, 26 Apr 2013 09:40:28 +0000 tracey http://www.innertemplelibrary.com/?p=83270 “‘Employee shareholder’ proposals are set to become law after the House of Lords
accepted further concessions which will see individuals required to obtain
advice from a ‘relevant independent advisor’ before entering into a contract.”

Full story

OUT-LAW.com, 25th April 2013

Source: www.out-law.com

]]> http://www.innertemplelibrary.com/2013/04/employee-shareholders-approved-after-house-of-lords-accepts-final-concessions-out-law-com/feed/ 0 Tailoring the law on vicarious liability – Lord Hope of Craighead http://www.innertemplelibrary.com/2013/04/tailoring-the-law-on-vicarious-liability-lord-hope-of-craighead/ http://www.innertemplelibrary.com/2013/04/tailoring-the-law-on-vicarious-liability-lord-hope-of-craighead/#comments Thu, 25 Apr 2013 09:42:03 +0000 sally http://www.innertemplelibrary.com/?p=83231 Tailoring the law on vicarious liability (PDF)

Lecture by Lord Hope of Craighead

Lord Taylor Memorial Lecture, Inner Temple, 23rd April 2013

Source: www.supremecourt.gov.uk

]]> http://www.innertemplelibrary.com/2013/04/tailoring-the-law-on-vicarious-liability-lord-hope-of-craighead/feed/ 0 The Scope Of The Duty Of Fidelity – No. 5 Chambers http://www.innertemplelibrary.com/2013/04/the-scope-of-the-duty-of-fidelity-no-5-chambers/ http://www.innertemplelibrary.com/2013/04/the-scope-of-the-duty-of-fidelity-no-5-chambers/#comments Wed, 17 Apr 2013 12:03:41 +0000 sally http://www.innertemplelibrary.com/?p=83054 “What are the duties of an Employee who is approached by a family member to supply goods or services to his Employer?”

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No. 5 Chambers, 18th March 2013

Source: www.no5.com

]]> http://www.innertemplelibrary.com/2013/04/the-scope-of-the-duty-of-fidelity-no-5-chambers/feed/ 0 Managing the manifestation of faith in the workplace – No. 5 Chambers http://www.innertemplelibrary.com/2013/04/managing-the-manifestation-of-faith-in-the-workplace-no-5-chambers/ http://www.innertemplelibrary.com/2013/04/managing-the-manifestation-of-faith-in-the-workplace-no-5-chambers/#comments Wed, 17 Apr 2013 11:58:54 +0000 sally http://www.innertemplelibrary.com/?p=83052 “Fatim Kurji considers the European Court of Human Rights’ verdict in the case of Eweida & Others v The United Kingdom [2013] IRLR 231.”

Full story

No. 5 Chambers, 18th March 2013

Source: www.no5.com

]]> http://www.innertemplelibrary.com/2013/04/managing-the-manifestation-of-faith-in-the-workplace-no-5-chambers/feed/ 0 Glass ceilings and the law: unconscious bias must be acknowledged – The Guardian http://www.innertemplelibrary.com/2013/04/glass-ceilings-and-the-law-unconscious-bias-must-be-acknowledged-the-guardian/ http://www.innertemplelibrary.com/2013/04/glass-ceilings-and-the-law-unconscious-bias-must-be-acknowledged-the-guardian/#comments Wed, 17 Apr 2013 09:47:45 +0000 sally http://www.innertemplelibrary.com/?p=83039 “Employers may not realise that they’re favouring ‘people like us’ applicants but a recent tribunal case highlights how the burden is on the employer to explain a difference in treatment.”

Full story

The Guardian, 17th April 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/04/glass-ceilings-and-the-law-unconscious-bias-must-be-acknowledged-the-guardian/feed/ 0 Can anonymous CVs help beat recruitment discrimination? – The Guardian http://www.innertemplelibrary.com/2013/04/can-anonymous-cvs-help-beat-recruitment-discrimination-the-guardian/ http://www.innertemplelibrary.com/2013/04/can-anonymous-cvs-help-beat-recruitment-discrimination-the-guardian/#comments Thu, 11 Apr 2013 09:07:42 +0000 sally http://www.innertemplelibrary.com/?p=82955 “There is growing anecdotal evidence that some UK firms are filtering out job candidates with foreign-sounding names”

Full story

The Guardian, 11th April 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/04/can-anonymous-cvs-help-beat-recruitment-discrimination-the-guardian/feed/ 0 New equality guidance “recommends best practice” rather than creates new rights, says expert – OUT-LAW.com http://www.innertemplelibrary.com/2013/04/new-equality-guidance-recommends-best-practice-rather-than-creates-new-rights-says-expert-out-law-com/ http://www.innertemplelibrary.com/2013/04/new-equality-guidance-recommends-best-practice-rather-than-creates-new-rights-says-expert-out-law-com/#comments Wed, 10 Apr 2013 15:05:42 +0000 sally http://www.innertemplelibrary.com/?p=82945 “Guidance on how employers should deal with requests made by employees in relation to religion or belief does not create new rights, but rather recommends ‘good practice’ to help employers comply with existing laws, an expert has said.”

Full story

OUT-LAW.com, 10th April 2013

Source: www.out-law.com

]]> http://www.innertemplelibrary.com/2013/04/new-equality-guidance-recommends-best-practice-rather-than-creates-new-rights-says-expert-out-law-com/feed/ 0 Criminal record checks to be relaxed – BBC News http://www.innertemplelibrary.com/2013/03/criminal-record-checks-to-be-relaxed-bbc-news/ http://www.innertemplelibrary.com/2013/03/criminal-record-checks-to-be-relaxed-bbc-news/#comments Wed, 27 Mar 2013 10:00:02 +0000 tracey http://www.innertemplelibrary.com/?p=82703 “Thousands of job applicants will no longer have to face their criminal past
being disclosed to employers, under changes announced by the Home Office.”

Full story

BBC News, 26th March 2013

Source: www.bbc.co.uk

]]> http://www.innertemplelibrary.com/2013/03/criminal-record-checks-to-be-relaxed-bbc-news/feed/ 0 New system of criminal records checks to restore balance in public safeguarding – Home Office http://www.innertemplelibrary.com/2013/03/new-system-of-criminal-records-checks-to-restore-balance-in-public-safeguarding-home-office/ http://www.innertemplelibrary.com/2013/03/new-system-of-criminal-records-checks-to-restore-balance-in-public-safeguarding-home-office/#comments Wed, 27 Mar 2013 09:57:06 +0000 tracey http://www.innertemplelibrary.com/?p=82701 “Changes to criminal records checks will continue to protect the public while ensuring that employers no longer have access to certain old or minor cautions and convictions.”

Full press release

Home Office, 26th March 2013

Source: www.homeoffice.gov.uk

]]> http://www.innertemplelibrary.com/2013/03/new-system-of-criminal-records-checks-to-restore-balance-in-public-safeguarding-home-office/feed/ 0 Another Distinction Between Professional Disciplinary Proceedings and Internal Employment Disciplinary Hearings: Christou v London Borough of Haringey – Littleton Chambers http://www.innertemplelibrary.com/2013/03/another-distinction-between-professional-disciplinary-proceedings-and-internal-employment-disciplinary-hearings-christou-v-london-borough-of-haringey-littleton-chambers/ http://www.innertemplelibrary.com/2013/03/another-distinction-between-professional-disciplinary-proceedings-and-internal-employment-disciplinary-hearings-christou-v-london-borough-of-haringey-littleton-chambers/#comments Thu, 21 Mar 2013 10:27:49 +0000 sally http://www.innertemplelibrary.com/?p=82590 “If an individual has already been charged and given a warning for misconduct in a disciplinary process, can that process later be reopened, re-run and the individual dismissed for the same charge on the same evidence?”

Full story

Littleton Chambers, 14th March 2013

Source: www.littletonchambers.com

]]> http://www.innertemplelibrary.com/2013/03/another-distinction-between-professional-disciplinary-proceedings-and-internal-employment-disciplinary-hearings-christou-v-london-borough-of-haringey-littleton-chambers/feed/ 0 Important changes to the restricted certificates of sponsorship (RCoS) application process from 6 March 2013 – UK Border Agency http://www.innertemplelibrary.com/2013/03/important-changes-to-the-restricted-certificates-of-sponsorship-rcos-application-process-from-6-march-2013-uk-border-agency/ http://www.innertemplelibrary.com/2013/03/important-changes-to-the-restricted-certificates-of-sponsorship-rcos-application-process-from-6-march-2013-uk-border-agency/#comments Wed, 06 Mar 2013 10:36:45 +0000 sally http://www.innertemplelibrary.com/?p=82260 “We are making changes to the codes of practice for skilled employers. This includes updating the list of skilled occupations to reflect the Standard Occupational Classification (SOC) 2010 system.”

Full story

UK Border Agency, 5th March 2013

Source: www.ukba.homeoffice.gov.uk

]]> http://www.innertemplelibrary.com/2013/03/important-changes-to-the-restricted-certificates-of-sponsorship-rcos-application-process-from-6-march-2013-uk-border-agency/feed/ 0 Revisions to the codes of practice for skilled migrant workers – UK Border Agency http://www.innertemplelibrary.com/2013/03/revisions-to-the-codes-of-practice-for-skilled-migrant-workers-uk-border-agency/ http://www.innertemplelibrary.com/2013/03/revisions-to-the-codes-of-practice-for-skilled-migrant-workers-uk-border-agency/#comments Mon, 04 Mar 2013 12:03:45 +0000 sally http://www.innertemplelibrary.com/?p=82213 “Today [1 March], the UK Border Agency is publishing a statement of intent, to help employers prepare for changes to the points-based system.

The statement announces changes to the codes of practice for skilled migrant workers from outside the European Economic Area. These will come into effect on 6 April 2013 and will also affect the timing of the applications for restricted certificates of sponsorship in March and April.”

Full story

UK Border Agency, 1st March 2013

Source: www.ukba.homeoffice.gov.uk

]]> http://www.innertemplelibrary.com/2013/03/revisions-to-the-codes-of-practice-for-skilled-migrant-workers-uk-border-agency/feed/ 0 Catholic church sex abuse ruling could cause big spike in compensation claims – The Guardian http://www.innertemplelibrary.com/2013/03/catholic-church-sex-abuse-ruling-could-cause-big-spike-in-compensation-claims-the-guardian/ http://www.innertemplelibrary.com/2013/03/catholic-church-sex-abuse-ruling-could-cause-big-spike-in-compensation-claims-the-guardian/#comments Fri, 01 Mar 2013 09:46:03 +0000 tracey http://www.innertemplelibrary.com/?p=82173 “The Catholic church could facing spiralling compensation costs after an attempt to avoid liability for abuses committed by priests and nuns was dismissed by the UK supreme court.

Full story

The Guardian, 28th February 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/03/catholic-church-sex-abuse-ruling-could-cause-big-spike-in-compensation-claims-the-guardian/feed/ 0 Telling tales out of school: balancing public authority employees’ duties of confidentiality with their right to freedom of expression – Employment Law Blog http://www.innertemplelibrary.com/2013/02/telling-tales-out-of-school-balancing-public-authority-employees-duties-of-confidentiality-with-their-right-to-freedom-of-expression-employment-law-blog/ http://www.innertemplelibrary.com/2013/02/telling-tales-out-of-school-balancing-public-authority-employees-duties-of-confidentiality-with-their-right-to-freedom-of-expression-employment-law-blog/#comments Thu, 28 Feb 2013 09:53:52 +0000 sally http://www.innertemplelibrary.com/?p=82136 “A dinner lady told a child’s parents that their daughter had been tied to a fence and whipped with a skipping rope by some other pupils, repeated the same to the press and then was dismissed for breach of confidentiality and acting in a manner likely to bring the school into disrepute. An employment tribunal found the dismissal procedurally unfair but dismissed her whistleblowing claim and reduced her compensation for unfair dismissal on the grounds of Polkey and for contributory fault. The tribunal did not, however, determine the question of whether the claimant could lawfully be disciplined for ‘telling tales out of school’ (as it put it).”

Full story

Employment Law Blog, 27th February 2013

Source: www.employment11kbw.com

]]> http://www.innertemplelibrary.com/2013/02/telling-tales-out-of-school-balancing-public-authority-employees-duties-of-confidentiality-with-their-right-to-freedom-of-expression-employment-law-blog/feed/ 1 Costly consequences: The pros and cons of disapplying CPR 36.14 – Hardwicke Chambers http://www.innertemplelibrary.com/2013/02/costly-consequences-the-pros-and-cons-of-disapplying-cpr-36-14-hardwicke-chambers/ http://www.innertemplelibrary.com/2013/02/costly-consequences-the-pros-and-cons-of-disapplying-cpr-36-14-hardwicke-chambers/#comments Wed, 27 Feb 2013 11:37:34 +0000 sally http://www.innertemplelibrary.com/?p=82122 “Unlike the general power provided by CPR 44.3, the costs consequences of Pt 36 do not lie in the discretion of the court. The court must apply them unless it considers it “unjust” to do so.”

Full story

Hardwicke Chambers, 20th February 2013

Source: www.hardwicke.co.uk

]]> http://www.innertemplelibrary.com/2013/02/costly-consequences-the-pros-and-cons-of-disapplying-cpr-36-14-hardwicke-chambers/feed/ 0 The Dynamic Do-over: The Advocate General’s opinion in Alemo-Herron – Employment Law Blog http://www.innertemplelibrary.com/2013/02/the-dynamic-do-over-the-advocate-generals-opinion-in-alemo-herron-employment-law-blog/ http://www.innertemplelibrary.com/2013/02/the-dynamic-do-over-the-advocate-generals-opinion-in-alemo-herron-employment-law-blog/#comments Mon, 25 Feb 2013 10:45:39 +0000 sally http://www.innertemplelibrary.com/?p=82070 “What’s the point of the TUPE? Other than terrorising HR professionals and inspiring books as good as this one, that is? Its essential function is simple: to protect the employment and the terms and conditions of employees affected by a change in the ownership of the undertaking they work in or (for now at least) by a change in the identity of the provider of a service. The eye-popping complexity for which TUPE disputes are famous arises from trying to apply that simple principle to the messy business that is real life employment. The CJEU is presently pondering one example of the conceptual difficulties that can be thrown up in Alemo-Herron and others v Parkwood Leisure Limited C-426/11 and Advocate General Cruz Villalon has just delivered his opinion.”

Full story

Employment Law Blog, 22nd February 2013

Source: www.employment11kbw.com

]]> http://www.innertemplelibrary.com/2013/02/the-dynamic-do-over-the-advocate-generals-opinion-in-alemo-herron-employment-law-blog/feed/ 0 Crime, Rehabilitation and the Right to Private Life: where should the “Bright line” fall? – Garden Court Chambers Blog http://www.innertemplelibrary.com/2013/02/crime-rehabilitation-and-the-right-to-private-life-where-should-the-bright-line-fall-garden-court-chambers-blog/ http://www.innertemplelibrary.com/2013/02/crime-rehabilitation-and-the-right-to-private-life-where-should-the-bright-line-fall-garden-court-chambers-blog/#comments Tue, 19 Feb 2013 09:40:33 +0000 sally http://www.innertemplelibrary.com/?p=81964 “Shereener Browne analyses the recent decision in T, R (on the application of) v Chief Constable of Greater Manchester & Ors and its impact on employment law.”

Full story

Garden Court Chambers Blog, 18th February 2013

Source: www.gclaw.wordpress.com

]]> http://www.innertemplelibrary.com/2013/02/crime-rehabilitation-and-the-right-to-private-life-where-should-the-bright-line-fall-garden-court-chambers-blog/feed/ 0 Family Rights at Work – Cloisters http://www.innertemplelibrary.com/2013/02/family-rights-at-work-cloisters/ http://www.innertemplelibrary.com/2013/02/family-rights-at-work-cloisters/#comments Fri, 15 Feb 2013 09:51:24 +0000 sally http://www.innertemplelibrary.com/?p=81908 “The Government has published its response to the ‘Modern Workplaces’ consultation on the overhaul of family rights at work, including shared parental leave, extended flexible working and new rights for surrogate parents. Rachel Crasnow explains the issues.”

Full story

Cloisters, 17th January 2013

Source: www.cloisters.com

]]> http://www.innertemplelibrary.com/2013/02/family-rights-at-work-cloisters/feed/ 0 Commission launches guidance on managing religion or belief in the workplace – Equality and Human Rights Commission http://www.innertemplelibrary.com/2013/02/commission-launches-guidance-on-managing-religion-or-belief-in-the-workplace-equality-and-human-rights-commission/ http://www.innertemplelibrary.com/2013/02/commission-launches-guidance-on-managing-religion-or-belief-in-the-workplace-equality-and-human-rights-commission/#comments Fri, 15 Feb 2013 09:44:42 +0000 sally http://www.innertemplelibrary.com/?p=81906 “Equality and Human Rights Commission has published new guidance today to help employers and employees deal with the expression of religion or belief at work and avoid conflict and costly court cases.”

Full story

14th February 2013

Source: www.equalityhumanrights.com

]]> http://www.innertemplelibrary.com/2013/02/commission-launches-guidance-on-managing-religion-or-belief-in-the-workplace-equality-and-human-rights-commission/feed/ 0 Government’s back to work schemes ruled unlawful without rights to refuse – UK Human Rights Blog http://www.innertemplelibrary.com/2013/02/governments-back-to-work-schemes-ruled-unlawful-without-rights-to-refuse-uk-human-rights-blog/ http://www.innertemplelibrary.com/2013/02/governments-back-to-work-schemes-ruled-unlawful-without-rights-to-refuse-uk-human-rights-blog/#comments Thu, 14 Feb 2013 10:51:47 +0000 sally http://www.innertemplelibrary.com/?p=81888 “The Court of Appeal has ruled that regulations under the Jobseekers Act 1995 were unlawful as not meeting the requirements of that statute.”

Full story

UK Human Rights Blog, 13th February 2013

Source: www.ukhumanrightsblog.com

]]> http://www.innertemplelibrary.com/2013/02/governments-back-to-work-schemes-ruled-unlawful-without-rights-to-refuse-uk-human-rights-blog/feed/ 0 Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily http://www.innertemplelibrary.com/2013/02/regina-reilly-and-another-v-secretary-of-state-for-work-and-pensions-wlr-daily/ http://www.innertemplelibrary.com/2013/02/regina-reilly-and-another-v-secretary-of-state-for-work-and-pensions-wlr-daily/#comments Thu, 14 Feb 2013 10:33:02 +0000 sally http://www.innertemplelibrary.com/?p=81883 Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] EWCA Civ 66 ; [2013] WLR (D) 55

“‘The scheme’ named in the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 did not comply with the requirements of section 17A of the Jobseekers Act 1995 and was unlawful.”

WLR Daily, 12th February 2013

Source: www.iclr.co.uk

]]> http://www.innertemplelibrary.com/2013/02/regina-reilly-and-another-v-secretary-of-state-for-work-and-pensions-wlr-daily/feed/ 0 Job applicants with schizophrenia facing ‘discrimination’ – The Independent http://www.innertemplelibrary.com/2013/02/job-applicants-with-schizophrenia-facing-discrimination-the-independent/ http://www.innertemplelibrary.com/2013/02/job-applicants-with-schizophrenia-facing-discrimination-the-independent/#comments Mon, 11 Feb 2013 09:39:22 +0000 sally http://www.innertemplelibrary.com/?p=81786 “Tens of thousands of people with schizophrenia are being denied the chance to work because of ‘severe discrimination’, a report has found.”

Full story

The Independent, 11th February 2013

Source: www.independent.co.uk

]]> http://www.innertemplelibrary.com/2013/02/job-applicants-with-schizophrenia-facing-discrimination-the-independent/feed/ 0 Why government reforms on employment law make little sense – Law Society’s Gazette http://www.innertemplelibrary.com/2013/01/why-government-reforms-on-employment-law-make-little-sense-law-societys-gazette/ http://www.innertemplelibrary.com/2013/01/why-government-reforms-on-employment-law-make-little-sense-law-societys-gazette/#comments Mon, 28 Jan 2013 11:11:34 +0000 sally http://www.innertemplelibrary.com/?p=81487 “There were some statistics that private equity pioneer Adrian Beecroft did not include in his highly controversial report on employment law published last year. The number of claims brought by employees in employment tribunals fell from 236,000 in 2009-10 to 186,000 in 2011-12. The number of claims for both sex and age discrimination has almost halved. And the median award for most types of claim remains low, at around £5,000 (two months’ average pay). Given that these figures relate to a period of acute economic turbulence, they are counterintuitive.”

Full story

Law Society’s Gazette, 28th January 2013

Source: www.lawgazette.co.uk

]]> http://www.innertemplelibrary.com/2013/01/why-government-reforms-on-employment-law-make-little-sense-law-societys-gazette/feed/ 0 ‘The Right to Resist: Privilege for Employment Lawyers’ – 11 KBW http://www.innertemplelibrary.com/2013/01/the-right-to-resist-privilege-for-employment-lawyers-11-kbw/ http://www.innertemplelibrary.com/2013/01/the-right-to-resist-privilege-for-employment-lawyers-11-kbw/#comments Mon, 21 Jan 2013 09:59:37 +0000 sally http://www.innertemplelibrary.com/?p=81340 “There are may aspects to the law of privilege, but what they have in common is a right to resist the compulsory disclosure of information. The law of privilege is, at least in part, a manifestation of the law of confidentiality. However, the underlying principle is one of public policy: where privilege applies, the law treats the benefits of full and transparent disclosure of information in the context of litigation as being outweighed by the benefits of giving litigants the right to keep information private.”

Full story (PDF)

11 KBW, 18th January 2013

Source: www.11kbw.com

]]> http://www.innertemplelibrary.com/2013/01/the-right-to-resist-privilege-for-employment-lawyers-11-kbw/feed/ 0 Wear What You Like – Garden Court Chambers Blog http://www.innertemplelibrary.com/2013/01/wear-what-you-like-garden-court-chambers-blog/ http://www.innertemplelibrary.com/2013/01/wear-what-you-like-garden-court-chambers-blog/#comments Fri, 18 Jan 2013 11:08:59 +0000 tracey http://www.innertemplelibrary.com/?p=81327 “Following today’s European Court of Human Rights judgment in Eweida and Others v the United Kingdom, David Renton analyses the how the fine balance between religious freedom and avoiding discrimination can be struck.”

Full story

Garden Court Chambers Blog. 15th January 2013

Source: www.gclaw.wordpress.com

]]> http://www.innertemplelibrary.com/2013/01/wear-what-you-like-garden-court-chambers-blog/feed/ 0 Lillian Ladele is the real loser in Christian discrimination rulings – The Guardian http://www.innertemplelibrary.com/2013/01/lillian-ladele-is-the-real-loser-in-christian-discrimination-rulings-the-guardian/ http://www.innertemplelibrary.com/2013/01/lillian-ladele-is-the-real-loser-in-christian-discrimination-rulings-the-guardian/#comments Thu, 17 Jan 2013 10:13:16 +0000 sally http://www.innertemplelibrary.com/?p=81286 “It’s good that the ECHR clarified issues about freedom of religion in the UK. But they got it wrong in the case of Ladele.”

Full story

The Guardian, 17th January 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/01/lillian-ladele-is-the-real-loser-in-christian-discrimination-rulings-the-guardian/feed/ 0 What a religious discrimination ruling means for local government – The Guardian http://www.innertemplelibrary.com/2013/01/what-a-religious-discrimination-ruling-means-for-local-government-the-guardian/ http://www.innertemplelibrary.com/2013/01/what-a-religious-discrimination-ruling-means-for-local-government-the-guardian/#comments Thu, 17 Jan 2013 09:37:47 +0000 sally http://www.innertemplelibrary.com/?p=81280 “Councils can expect the backing of the legal system if they insist that employees conduct civil partnerships.”

Full story

The Guardian, 16th January 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/01/what-a-religious-discrimination-ruling-means-for-local-government-the-guardian/feed/ 0 Balancing Christian and gay rights isn’t easy – give Strasbourg some credit – The Guardian http://www.innertemplelibrary.com/2013/01/balancing-christian-and-gay-rights-isnt-easy-give-strasbourg-some-credit-the-guardian/ http://www.innertemplelibrary.com/2013/01/balancing-christian-and-gay-rights-isnt-easy-give-strasbourg-some-credit-the-guardian/#comments Wed, 16 Jan 2013 11:47:42 +0000 sally http://www.innertemplelibrary.com/?p=81277 “The conclusion reached by the European court of human rights in Christian discrimination cases is no surprise but the principle is difficult to apply.”

Full story

The Guardian, 15th January 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/01/balancing-christian-and-gay-rights-isnt-easy-give-strasbourg-some-credit-the-guardian/feed/ 0