“A Christian who was demoted in his job for a comment he wrote on Facebook about gay marriages has won a breach of contract action against his employers.”
BBC News, 16th November 2012
Source: www.bbc.co.uk
“Former News of the World editor Andy Coulson has challenged a high court ruling that News International is not liable to pay his legal fees over the phone-hacking scandal. Lawyers for Coulson told the court of appeal in London on Thursday that criminal charges relating to his time as editor of the Sunday tabloid were ‘absolutely essential’ to the meaning of a key clause in his contract with News International.”
The Guardian, 8th November 2012
Source: www.guardian.co.uk
“This paper concerns part of TUPE1 regulation 4(1) and regulation 3(3)(a). There’s a summary of the main points at the end of it, on page 7.”
Hardwicke Chambers, 2nd November 2012
Source: www.hardwicke.co.uk
Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294
“A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.”
WLR Daily, 24th October 2012
Source: www.iclr.co.uk
“The National Union of Mineworkers today asked the High Court to decide whether it is obliged to meet the cost of former leader Arthur Scargill staying in his London flat.”
The Independent, 2nd October 2012
Source: www.independent.co.uk
Local Government Law Update: 30 July (PDF)
Local Government Law Update: 30 July (PDF)
11 KBW, July 2012
Source: www.11kbw.com
Westwood v Hospital Medical Group Ltd [2012] EWCA Civ 1005; [2012] WLR (D) 222
“A person not working for a company pursuant to a contract of employment, who was clearly an integral part of its undertaking when providing services as a surgeon, even though he was in business on his own account was a worker for the purposes of section 230(3)(b) of the Employment Rights Act 1996.”
WLR Daily, 24th July 2012
Source: www.iclr.co.uk
Mahamdia v People’s Democratic Republic of Algeria: (Case C-154/11); [2012] WLR (D) 218
“An embassy situated in a member state of the European Union was an ‘establishment’ within the meaning of article 18(2) of Council Regulation (EC) No 44/2001, in the context of a dispute concerning a contract of employment concluded by the embassy on behalf of the sending state, where the functions carried out by the employee did not fall within the exercise of public powers. Article 21(2) of the Regulation meant that an agreement on jurisdiction, concluded before a dispute arose, fell within that provision in so far as it gave the employee the possibility of bringing proceedings not only before the courts ordinarily having jurisdiction under the special rules in articles 18 and 19 of the Regulation, but also before other courts, which could include courts outside the European Union.”
WLR Daily, 19th July 2012
Source: www.iclr.co.uk
“The issue of not getting your salary paid has been in the news as a result of the problems at NatWest, but while those employees will eventually get their cash, some employees never do. So what are your legal rights if an employer does not pay you for work you have done?”
The Guardian, 28th June 2012
Source: www.guardian.co.uk
“Whilst springboard injunctions are a well-established remedy, the precise circumstances in which they can be obtained, and their scope and duration, can often be unclear. Two recent decisions offer some helpful guidance. These are QBE Management Services Ltd v Dymoke [2012] EWHC 80 (QB) and Clear Edge UK Ltd v Elliot [2011] EWHC 3376 (QB).”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“The latest figures from the Office for National Statistics paint a gloomy picture of the UK economy: two successive periods of negative economic growth; in economic terms, a recession. Experts debate the prognosis for the next few years, but it is inevitable that jobs will be lost and employers will be looking at ways to cut costs from their existing workforce. In this paper, I shall examine the law concerning changes to terms and conditions, and highlight recent case law on making redundancies.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“What developments have there been now that the dust has settled on the Tullett litigation?”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
Cavenagh v William Evans Ltd: [2012] EWCA Civ 697; [2012] WLR (D) 164
“Where an employer had elected to lawfully dismiss an employee under the term of the service agreement on payment of salary in lieu of the notice period, the employer was liable to pay the salary in lieu to the employee as an accrued debt. The employer could not later avoid payment on the basis that the employee had committed a gross misconduct prior to the date of the dismissal which the employer had discovered after the date of the dismissal.”
WLR Daily, 24th May 2012
Source: www.iclr.co.uk
“The disciplinary proceedings of a public employer as to the dismissal of an employee under a contract of employment did not determine a “civil right” of the employee for the purposes of the right to a fair hearing pursuant to article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 18th May 2012
Source: www.iclr.co.uk
“An individual’s employment cannot be automatically transferred to another employer without following the proper procedures under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations, a tribunal has confirmed.”
OUT-LAW.com, 18th April 2012
Source: www.out-law.com
Huet v Université de Bretagne Occidentale (Case C-251/11); [2012] WLR (D) 71
“National legislation which provided for conversion of fixed-term employment contracts into an employment contract of indefinite duration when the fixed-term employment contracts reached a certain duration did not have to require that the employment contract of indefinite duration reproduced in identical terms the principal clauses set out in the previous contract. However, in order not to undermine the practical effect of, or the objectives pursued by, Council Directive 1999/70/EC, the member state concerned had to ensure that the conversion of fixed-term employment contracts into an employment contract of indefinite duration was not accompanied by material amendments to the clauses of the previous contract in a way which was, overall, unfavourable to the person concerned when the subject-matter of that person’s tasks and the nature of his functions remain unchanged.”
WLR Daily, 8th March 2012
Source: www.iclr.co.uk
O’Brien v Ministry of Justice (Case C-393/10); [2012] WLR (D) 58
“It was for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ within the meaning of clause 2.1 of the Framework Agreement on part-time work, provided that this did not lead to arbitrary exclusion from protection offered by Directive 97/81/EC.”
WLR Daily, 1st March 2012
Source: www.iclr.co.uk
Kücük v Land Nordrhein-Westfalen Case C-586/10; [2012] WLR (D) 11
“Clause 5(1)(a) of the framework agreement on fixed-term work, in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, meant that a temporary need for replacement staff, provided for by national legislation could, in principle, constitute an objective reason under that clause for the renewal of successive fixed-term contracts. The mere fact that an employer had to employ temporary replacements on a recurring, or even permanent, basis and that those replacements might also be covered by the hiring of employees under employment contracts of indefinite duration did not mean that there was no objective reason under clause 5(1)(a) or that there was abuse within the meaning of that clause.”
WLR Daily, 26th January 2012
Source: www.iclr.co.uk
“Doctors are being instructed by the General Medical Council never to sign a contract with their employer containing a gagging clause that would prevent them from revealing dodgy or substandard practice.”
The Guardian, 26th January 2012
Source: www.guardian.co.uk
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