Furlough and lay-off against the background of Covid-19 / Coronavirus – 4 New Square

‘A new term has entered the employment lexicon: furloughing. What does it mean and how does it relate to the longer established concept of laying-off? Are employers better placed to take advantage of the government’s scheme for paying furloughed employees or to consider laying off their staff or making them redundant?’

Full Story

4 New Square, 25th March 2020

Source: www.4newsquare.com

Divisional Court to consider application for suspension of ‘no recourse to public funds’ policy – Local Government Lawyer

‘The Divisional Court will this week (3 April) consider whether to suspend the Home Office’s ‘no recourse to public funds’ (NRPF) policy.’

Full Story

Local Government Lawyer, 30th March 2020

Source: www.localgovernmentlawyer.co.uk

Employee monitoring and surveillance: Barclays calls ‘time’ on its time-tracking of employees – The 36 Group

‘Employee monitoring and surveillance can be a thorny issue. Some monitoring of employee activity may be required for reasons of security or to protect an employer’s resources from abuse. However, while an employer may justify a monitoring measure on the basis of economic imperative, it could also be viewed by its employees, the public or the courts as unjustified snooping.’

Full Story

The 36 Group, 12th March 2020

Source: 36group.co.uk

Illegality and separating a PD from an underlying dispute – 3PB

‘Tracey Robinson (‘C’) was hired by Mr Cathcart on behalf of the Crown Prince Ras-alKhaimah (‘the Sheikh’) in 2007 to carry out a number of duties including looking after the Sheikh’s children and properties in the UK. The contract clearly stipulated that C was responsible for paying her own tax.’

Full Story

3PB, 2nd March 2020

Source: www.3pb.co.uk

Coronavirus: Union To Sue Government Over ‘Failure To Protect Precarious Workers’ – Each Other

‘The UK government is facing a legal challenge over claims it is failing to protect the wages and jobs of millions of workers amid the coronavirus pandemic.’

Full Story

Each Other, 23rd March 2020

Source: eachother.org.uk

Long term disability benefits: it all depends on the contract – 3PB

‘This appeal concerned a provision about long term disability benefit (“LTDB”) which formed part of the Claimant’s contract of employment. It provided for the employee to receive a Disability Income of 2/3rds of his Base Annual Salary less the State Invalidity Pension should he be absent from, and unable to, work due to sickness or injury for a continuous period of twenty-six weeks or more, which would commence twenty-six weeks after the start of his absence and continue until the earlier date of his “return to work, death or retirement”.’

Full Story

3PB, 2nd March 2020

Source: www.3pb.co.uk

Inducing Breach of Contract: – Reliance on Legal Advice Saves the Day in Court of Appeal – Littleton Chambers

Posted March 19th, 2020 in contract of employment, enforcement, news, restrictive covenants by sally

‘In an important decision yesterday (27 February), Allen v Dodd & Co Limited [2020] EWCA Civ 258, the Court of Appeal held that if a person believes their conduct will probably not result in a breach of a contract they will not be liable for inducing a breach even if: (a) they knew there was a risk of breach; and (b) the court subsequently finds such a breach.’

Full Story

Littleton Chambers, 28th February 2020

Source: www.littletonchambers.com

Client “acted reasonably” in relying on incorrect advice – Legal Futures

‘An employer acted reasonably in relying on legal advice that the restrictive covenants on a new employee were unlikely to be enforceable, even though they proved to be, the Court of Appeal has ruled.’

Full Story

Legal Futures, 2nd March 2020

Source: www.legalfutures.co.uk

Be Careful What You Tweet For (part 2) – UK Human Rights Blog

‘The Claimant’s belief in Forstater – that “sex is biologically immutable” — denied trans people their legal right to be recognised as the sex they had transitioned to even when they had obtained a Gender Recognition Certificate. This right has been recognised for over a decade by the European Convention on Human Rights (“the Convention”) and by domestic law in the Gender Recognition Act 2004. The Claimant’s belief — in the words of Judge Tayler — also violated the dignity of trans people and created an “intimidating, hostile, degrading, humiliating or offensive environment” for them.’

Full Story

UK Human Rights Blog, 24th January 2020

Source: ukhumanrightsblog.com

Be Careful What You Tweet For (part 1) – UK Human Rights Blog

‘Forstater v CGD Europe & Others [2019] UKET 2200909/2019. Last month, the Central London Employment Tribunal held that a woman’s belief that “sex is biologically immutable” was not protected as a philosophical belief under the Equality Act 2010.’

Full Story

UK Human Rights Blog, 23rd January 2020

Source: ukhumanrightsblog.com

Supreme Court allows appeal over part-time judges’ pensions – Law Society’s Gazette

Posted December 17th, 2019 in contract of employment, judiciary, news, part-time work, pensions, Supreme Court by tracey

‘Four judges with “portfolio” careers in full-time and part-time roles and without formal contracts of employment have been backed by the Supreme Court in their campaign for equal pensions treatment. Giving judgment today in Miller and others v Ministry of Justice, Lord Carnwath ruled that ‘the common sense of the matter’ as well as case law holds that part-timers should not suffer less favourable treatment.’

Full Story

Law Society's Gazette, 16th December 2019

Source: www.lawgazette.co.uk

Working group makes 22 recommendations to tackle shortage of medical experts prepared to work with family courts – Local Government Lawyer

Posted December 6th, 2019 in contract of employment, doctors, expert witnesses, family courts, news by sally

‘A working group seeking solutions to the dearth of medical experts willing to work in the family courts has made 22 recommendations for change including a simpler process for payment and allowing courts work to be part of employment contracts.’

Full Story

Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

Law firm wrong to make solicitor pay for training course – Legal Futures

‘A law firm made an unlawful deduction of wages when it took £1,700 from the salary of a sacked solicitor turned office manager to cover the cost of a training course, an employment judge has ruled.’

Full Story

Legal Futures, December 2019

Source: www.legalfutures.co.uk

From contract to role: using human rights to widen the personal scope of employment protections – Oxford Human Rights Hub

‘The UK Supreme Court’s judgment in Gilham demonstrates how human rights can be used to widen the class of individuals who benefit from employment rights (the “personal scope” of the rights). Further, the court’s reasoning evidences a shift away from contractual thinking in labour law.’

Full Story

Oxford Human Rights Hub, 1st November 2019

Source: ohrh.law.ox.ac.uk

Gilham: breaking down the limitations on whistleblowing protection – where next? – Littleton Chambers

‘Whistleblowing protection continues to expand and develop. Even without reliance on Art.10 ECHR the Courts have not been shy of adopting what might at first appear to be a strained construction of the legislation to further the underlying policy objectives. Now the Supreme Court’s decision in Gilham v Ministry of Justice [2019] UKSC 44 has demonstrated the strength of the interpretative obligation to construe the legislation in accordance with Article 10 (or that article read with A.14 ECHR). Indeed this points to the possibility of extending the scope of protection much further. Litigation over the position of secondees, applicants, volunteers and others, as well as in relation to detriment inflicted because of a perception (justified or not) that a worker has or may be about to make a disclosure, or was associated in some way with someone else’s disclosures, can be expected. These cases will need to explore the scope of the State’s positive obligation to protect freedom of expression. They will no doubt face arguments that the necessary reading down is against the grain, or contrary to fundamental features, of the statutory provisions.’

Full Story

Littleton Chambers, 17th October 2019

Source: www.littletonchambers.com

Case Preview: Gilham v Ministry of Justice Part Two – UKSC Blog

‘Ms Gilham appealed on all three grounds. She also appears to raise the distinct but related question whether she can bring her claim as a ‘Crown employee’ within the meaning of the ERA, s191.’

Full Story

UKSC Blog, 9th October 2019

Source: ukscblog.com

Case Preview: Gilham v Ministry of Justice Part One – UKSC Blog

‘Claire Gilham is a district judge. She claims that she was subjected to various detriments as a result of making complaints about her judicial workload and the poor management of the courts.’

Full Story

UKSC Blog, 9th October 2019

Source: ukscblog.com

BBC presenters told to pay tens of thousands in back taxes as judge rules against them – Daily Telegraph

Posted September 19th, 2019 in BBC, contract of employment, HM Revenue & Customs, news, self-employment, taxation by tracey

‘Three BBC news presenters have been told to pay hundreds of thousands of pounds in back taxes, despite the High Court finding that the corporation forced them into the wrong contracts.’

Full Story

Daily Telegraph, 18th September 2019

Source: www.telegraph.co.uk

Rectification Rectified – FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd – Hardwicke Chambers

‘In this key decision, the Court of Appeal gives detailed consideration to the principles underpinning various doctrines in contract to ascertain the correct test for rectification of a written instrument because of the presence of a common mistake.’

Full Story

Hardwicke Chambers, 12th August 2019

Source: hardwicke.co.uk

Illegal workers retain employee rights, court confirms – OUT-LAW.com

‘Organisations can be held liable for breaching employment contracts even if their employees have been working in the country illegally, according to the Court of Appeal in London.’

Full Story

OUT-LAW.com, 2nd August 2019

Source: www.pinsentmasons.com