Former prostitutes to sue the Government as criminal records stop them volunteering with Brownie groups – Daily Telegraph

Posted January 16th, 2018 in children, criminal records, employment, news, prostitution, volunteers by sally

‘Former prostitutes are set to sue the Government over criminal records checks which stop them volunteering with Brownie groups.’

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Daily Telegraph, 15th January 2018

Source: www.telegraph.co.uk

Data Breaches, Vicarious Liability of Employers & the Impact on the Insurance Industry – Six Pump Court

Posted January 9th, 2018 in data protection, employment, insurance, news by sally

‘The recent judgment in the Morrisons case Various Claimants and WM Morrisons Supermarket PLC concerning the vicariously liability of employers for the actions of employees involved in breaches of data is potentially highly significant for the insurance industry – both for the insurer and the insured.’

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Six Pump Court, 8th January 2018

Source: www.6pumpcourt.co.uk

Gilham v Ministry of Justice: Court of Appeal Rules That Judges Are Not ‘Workers’ – Old Square Chambers

Posted January 9th, 2018 in appeals, employment, human rights, judges, judiciary, news, whistleblowers by sally

‘In this important recent judgment, the Court of Appeal unanimously held that judges are not “workers” within the meaning of section 230(3) of the Employment Rights Act 1996, and therefore are not entitled to protection from whistleblowing under the provisions of that Act. The Court of Appeal also held that the absence of a remedy for whistleblowing under the 1996 Act did not amount to a breach of a judge’s rights under Article 10 or Article 14 ECHR.’

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Old Square Chambers, 3rd January 2018

Source: www.oldsquare.co.uk

Watching porn at work – what are the legal consequences? – The Guardian

‘In a four month period in 2017, there were 24,000 attempts to access pornographic websites in the Houses of Parliament. Westminster may be a special case, but should it be a sackable offence in regular offices?’

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The Guardian, 8th January 2018

Source: www.theguardian.com

Taking stock of the gig economy: lessons for technology companies – Panopticon

Posted January 4th, 2018 in employment, flexible working, news, self-employment by sally

‘A combination of high profile cases and policy announcements about the so-called “gig economy” has a particular resonance for technology companies. Technological change has transformed the labour market, which has given added urgency to finding better solutions to three much older problems:

– How should we best draw the line between the independent contractors, workers and employees?
– Should the self-employed and employees be taxed differently?
– How should personal service companies be treated for tax purposes?’

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Panopticon, 2nd January 2018

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

More prisoners should ‘commute’ to work, says justice secretary – The Guardian

Posted December 19th, 2017 in employment, news, prisons, rehabilitation, release on licence by sally

‘The justice secretary is to encourage prison governors to allow more inmates to “commute to work” by making greater use of their powers to grant prisoners temporary releases on licence.’

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The Guardian, 18th December 2017

Source: www.theguardian.com

May a faith-based nursery school sack a teacher for cohabitation? De Groen – Law & Religion UK

Posted December 12th, 2017 in cohabitation, employment, employment tribunals, news, teachers by sally

‘In Ms Z De Groen v Gan Menachem Hendon Ltd [2017] UKET 3347281/2016, the claimant was employed by the respondent, a private Orthodox Jewish nursery school that followed the teachings of the Lubavitcher Rebbe.’

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Law & Religion UK, 12th December 2017

Source: www.lawandreligionuk.com

Ministry of Justice staff lay out their complaints, with significant levels of discrimination and bullying – Legal Futures

Posted December 11th, 2017 in bullying, civil servants, employment, harassment, Ministry of Justice, news, statistics by sally

‘One in seven civil servants at the Ministry of Justice (MoJ) claim that they have faced discrimination in their job, and one in eight say they have been bullied or harassed.’

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Legal Futures, 8th December 2017

Source: www.legalfutures.co.uk

Competition regulator to prioritise productivity growth in future work – OUT-LAW.com

Posted December 7th, 2017 in competition, employment, news, reports by sally

‘The UK’s Competition and Markets Authority (CMA) will prioritise “cases in markets which underpin and enable economic growth” as part of its programme of work for next year, it has said.’

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OUT-LAW.com, 6th December 2017

Source: www.out-law.com

Termination payments to Spurs players not subject to national insurance, Tribunal confirms – OUT-LAW.com

‘Payments to two footballers for early termination of fixed term contracts were taxable as termination payments and not as general earnings, even though the contracts envisaged early termination by mutual consent, the UK’s Upper Tribunal has decided, upholding an early First-Tier tribunal decision.’

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OUT-LAW.com, 4th December 2017

Source: www.out-law.com

Uber request to take drivers’ rights case directly to top UK court rejected – Daily Telegraph

Posted December 5th, 2017 in appeals, courts, employment, news, Supreme Court, taxis by tracey

‘Uber’s request to take its appeal to overturn a ruling over drivers’ rights directly to the UK’s highest court, skipping the Court of Appeal, has been rejected.’

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Daily Telegraph, 4th December 2017

Source: www.telegraph.co.uk

Employment: Is the gig finally up for Uber? – Law Society’s Gazette

Posted December 4th, 2017 in appeals, employment, employment tribunals, interpretation, news, taxis by sally

‘It is fair to say that this year has been something of an annus horribilis for Uber. Amid the non-renewal of its London licence, data hacks and numerous other controversies, the ride-hailing business has also been doing battle in the UK employment tribunals. In the latest stage of this particular journey, Uber did not fare well.’

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Law Society's Gazette, 4th December 2017

Source: www.lawgazette.co.uk

Court of Appeal rules that claimants do bear an initial burden of proof under the Equality Act 2010 – Employment Blog

Posted November 28th, 2017 in appeals, burden of proof, employment, employment tribunals, equality, news by sally

‘The Court of Appeal has ruled that claimants still bear an initial burden of proof under the Equality Act 2010 (“EA 2010”), despite the change in wording in s. 136 as compared with the pre-EA legislation. In coming to this conclusion, the Court ruled that the interpretation placed on that section by the EAT in Efobi v Royal Mail Group Limited (UKEAT/0203/16, 10 August 2017) was wrong, and should not be followed.The Court also considered the distinction between matters of fact and explanation for the purposes of applying s. 136 EA 2010.’

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Employment Blog, 27th November 2017

Source: employment11kbw.com

’Irrelevant’ criminal record checks harm ex-offenders’ job hopes – The Guardian

‘The criminal records system is hampering the rehabilitation of ex-offenders, according to new figures. Nearly three quarters of the million or so convictions revealed to employers each year in criminal records checks are more than a decade old. Only around 5,000 – one in 197 – are considered relevant to a person’s job application.’

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The Guardian, 25th November 2017

Source: www.theguardian.com

Gig economy reform – how to balance innovation and the protection of workers – Technology Law Update

Posted November 27th, 2017 in bills, employment, flexible working, news, reports, select committees by sally

‘The position of workers in the gig economy, those on zero hours contracts and agency workers has been the focus of political attention recently. While these models provide valuable flexibility to businesses, especially those using innovative technology like using an app or a website to hire someone for a particular task, they can leave individuals with insecure incomes and future prospects, and unprotected from exploitative companies. They can also leave the most responsible businesses at a disadvantage.’

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Technology Law Update, 23rd November 2017

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

The Problem of Iago: Bringing or Defending a Tainted Information Whistleblowing Claim Part 2 – Littleton Chambers

Posted November 24th, 2017 in disciplinary procedures, employment, news, whistleblowers by sally

‘In his last blog post, The Problem of Iago: Whistleblowing and tained information, Benjamin Gray considered the cases of Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17 and the difficulties faced by both claimants and respondents in ‘tainted information’, or ‘Iago’, cases, where employers are manipulated into dismissing employees by their co-workers.’

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Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

The Problem of Iago: Whistleblowing and Tainted Information Part 1 – Littleton Chambers

‘“Tainted information”, or “Iago”, cases, in which employers are manipulated into dismissing employees by their co-workers, have thrown up difficult questions for Tribunals in both whistleblowing and discrimination claims. The latest guidance has been given in two recent cases: Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17.’

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Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

John Bowers QC on Employment Law – Littleton Chambers

Posted November 23rd, 2017 in contract of employment, employment, news, taxis by sally

‘The following commentary is the latest in a series of Employment Law blog posts by John Bowers QC.’

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Littleton Chambers, 20th November 2017

Source: www.littletonchambers.com

Sexual Harassment in the Workplace: A Widespread Problem – Old Square Chambers

Posted November 23rd, 2017 in employment, equality, harassment, news, sexual offences by sally

‘Recent revelations in both America and the United Kingdom have shone a spotlight on the issue of sexual harassment and highlighted how common it is in the workplace. This is reflected in a recent survey carried out by the TUC: 52% of the women surveyed said that they had experienced some form of sexual harassment at work, nearly a quarter had experienced unwanted touching – like a hand on the knee or lower back at work -, and a fifth had experienced unwanted verbal sexual advances at work.’

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Old Square Chambers, 15th November 2017

Source: www.oldsquare.co.uk

Uber and Out: Yet Another Victory for the Rights of Uber Drivers – Oxford Human Rights Hub

‘In the UK Employment Appeals Tribunal (EAT) last week, Uber lost the latest case brought against it by its drivers. Across the world, a succession of lawsuits have sought to argue, usually with success, that Uber’s drivers are able to avail themselves of at least some of the protections of employment law. This is a welcome step towards a reconceptualization of the legal approach to eligibility for employment rights.’

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Oxford Human Rights Hub, 21st November 2017

Source: ohrh.law.ox.ac.uk