James Green: High Court makes finding of serious irregularity in Rule K Arbitration – Littleton Chambers

Posted December 12th, 2018 in arbitration, contracts, employment, interpretation, news, sport by sally

‘The High Court last week handed down its judgment in Fleetwood Wanderers Limited v AFC Fylde Limited [2018] EWHC 3318 (Comm), holding that a Rule K Arbitration Award was marred by serious irregularity. The successful Claimant was represented by Paul Gilroy QC.’

Full Story

Littleton Chambers, 5th December 2018

Source: www.littletonchambers.com

John Bowers QC on Employment Law: November Blog – Littleton Chambers

‘This month I look at a recent case on foster carers and working time, the ethos of religion defence in the Equality Act 2010 and the Supreme Court case of O’Connor v Bar Standards Board.’

Full Story

Littleton Chambers, 29th November 2018

Source: www.littletonchambers.com

“Do you get all of the service charge?” – Hardwicke Chambers

Posted December 12th, 2018 in employment, news, remuneration by sally

‘Look no further than this press release from BEIS on 1 October 2018 to gauge the government’s enthusiasm for highlighting that it has been thinking about policy and issues other than Brexit over the last couple of years:

“The government has announced plans to ensure that tips left for workers will go to them in full. While most employers act in good faith, in some sectors evidence points towards poor tipping practices, including excessive deductions being made from tips left by customers. New legislation, to be introduced at the earliest opportunity, will set out that tips must go to the workers providing the service.”’

Full Story

Hardwicke Chambers, 1st November 2018

Source: hardwicke.co.uk

Judgment handed down in the case of O’Brien v Ministry of Justice – Cloisters

‘The case concerns discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-time judge prior the coming into effect of Part Time Workers Directive (97/81/EC) should be taken into account in calculating the amount of pension to be paid upon retirement.’

Full Story

Cloisters, 7th November 2018

Source: www.cloisters.com

On the spot: accidents at work – New Law Journal

‘A new guideline recently published by the Sentencing Council is likely to result in increased penalties for individuals responsible for fatal workplace accidents. Chris Newton reports.’

Full Story

New Law Journal, 7th December 2018

Source: www.newlawjournal.co.uk

‘No deal’ Brexit EU citizens’ rights plans published – OUT-LAW.com

Posted December 11th, 2018 in brexit, citizenship, employment, immigration, news by sally

‘Only European Economic Area (EEA) citizens already resident in the UK by 29 March 2019 would be entitled to apply for the UK’s settlement scheme in the event of a ‘no deal’ Brexit, according to a new policy paper published by the government.’

Full Story

OUT-LAW.com, 10th December 2018

Source: www.out-law.com

Bus driver sacked for positive cocaine test awarded £40k as tribunal agrees drug came from students’ notes – Daily Telegraph

‘A bus driver who was sacked for testing positive for cocaine has been awarded £40,000 after a tribunal ruled the drug could have got into his system when he licked his fingers after accepting notes from students.’

Full Story

Daily Telegraph, 20th November 2018

Source: www.telegraph.co.uk

One in five cancer sufferers face discrimination in the workplace – Daily Telegraph

Posted November 20th, 2018 in cancer, disability discrimination, employment, equality, news by sally

‘Record number of cancer sufferers are facing discrimination at work as employers fear they will not pull their weight, a study by Macmillan Cancer reveals today.’

Full Story

Daily Telegraph, 20th November 2018

Source: www.telegraph.co.uk

Is it legal for your boss to make you wear a bra to work? – The Guardian

Posted November 13th, 2018 in employment, equality, news, sex discrimination, women by sally

‘What are women’s rights in this area? Can you really get sacked for not wearing a bra? According to Hayley Johnson, a senior associate in employment law for Slater and Gordon: “If someone was dismissed for not wearing a bra at work, that could be discriminatory under current law,” she says.’

Full Story

The Guardian, 12th November 2018

Source: www.theguardian.com

Judge appeals for funds to fight judiciary whistleblowing ruling – The Guardian

‘Claire Gilham wants judges to have legal protections for disclosures in public interest.’

Full Story

The Guardian, 12th November 2018

Source: www.theguardian.com

Victims of gagging clauses to get a voice as Parliament launches inquiry in wake of Sir Philip Green scandal – Daily Telegraph

‘Victims forced to sign gagging clauses could be given a voice as Parliament today launches a new inquiry into the use of non-disclosure agreements following the scandal surrounding Sir Philip Green.’

Full Story

Daily Telegraph, 13th November 2018

Source: www.telegraph.co.uk

BREXIT: UK employers must check EU citizens’ right to work in UK – OUT-LAW.com

Posted November 1st, 2018 in brexit, EC law, employment, freedom of movement, immigration, news, pilot schemes by sally

‘A UK government minister has said the onus will be on employers to ensure that EU citizens have the right to work in the UK after the withdrawal from the EU in March next year.’

Full Story

OUT-LAW.com, 1st November 2018

Source: www.out-law.com

Uber appeals against drivers’ rights to pay and holiday – BBC News

‘A long-running case over the status of Uber drivers will be heard in the Court of Appeal on Tuesday and Wednesday.’

Full Story

BBC News, 30th October 2018

Source: www.bbc.co.uk

Employer liability for criminal data breach by rogue employee – Technology Law Update

‘Organisations that hold and process personal data have already had to contemplate the prospect of €20 million fines for not matching up to the requirements of the GDPR. Now the Court of Appeal has given a ruling that presents another type of exposure risk where personal data is concerned. Upholding a High Court decision given in November 2017, this second ruling confirms that an employer can be liable for the actions of a rogue employee in exposing the private information of thousands of other members of staff.’

Full Story

Technology Law Update, 26th October 2018

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

Gender Recognition Act ‘could criminalise innocent staff’ – Law Society’s Gazette

Posted October 26th, 2018 in disclosure, employment, gender, news, transgender persons by tracey

‘HR staff trying to help trans people applying for a job may inadvertently commit a criminal offence under the Gender Recognition Act, employment lawyers have told the government, which is considering how trans people can achieve legal recognition more easily.’

Full Story

Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214: Vicarious liability for assault considered in the Court of Appeal – Zenith PI

Posted October 24th, 2018 in appeals, assault, employment, news, personal injuries, vicarious liability by tracey

‘This case was heard recently in the Court Of Appeal before Lord Justice Erwin, Lord Justice Moylan and Lady Justice Asplin. Lady Justice Asplin gave the leading judgment
with which the Lord Justices agreed. However, Lord Justice Erwin was keen to emphasise at paragraph 37, “how unusual are these facts and how limited will be the parallels to this case”.’

Full Story

Zenith PI, 23rd October 2018

Source: zenithpi.wordpress.com

NDAs in spotlight as Court of Appeal gags newspaper – Law Society’s Gazette

‘A Court of Appeal ruling barring the publication of allegations that a ‘leading businessman’ sexually harassed and racially abused employees has re-ignited the debate over the use of non-disclosure agreements (NDAs) in settlements. In ABC and others v Telegraph Media Group, Sir Terence Etherton, Lord Justice Underhill and Lord Justice Henderson granted a temporary injunction preventing the Telegraph from publishing what the newspaper says is the result of eight months of investigation into the behaviour of an individual identified as ‘ABC’.’

Full Story

Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

London Zoo fined after keeper fell from faulty stepladder retrieved from skip – Daily Telegraph

Posted October 24th, 2018 in accidents, animals, charities, employment, fines, health & safety, news, personal injuries by tracey

‘London Zoo has been fined £40,000 after a keeper cleaning out a hawk aviary fell off a faulty step ladder that was wrongly retrieved from a skip.’

Full Story

Daily Telegraph, 22nd October 2018

Source: www.telegraph.co.uk

Vicarious liability for data breaches: Court of Appeal dismisses Morrisons’ challenge – Panopticon

‘Large-scale civil litigation is one of the developing contours of data protection law. Last week’s judgment in Lloyd v Google – a novel representative action based on allegedly unlawful processing activities – is one illustration. When it comes to group litigation on the back of a data breach, our best illustration thus far is the groundbreaking group action against Morrisons.’

Full Story

Panopticon, 22nd October 2018

Source: panopticonblog.com

Morrisons loses data leak challenge – BBC News

‘Morrisons has lost its challenge to a High Court ruling that it is liable for a data breach that saw thousands of its employees’ details posted online.’

Full Story

BBC News, 22nd October 2018

Source: www.bbc.co.uk