Successful insurers’ A1P1 claim concerning benefits reimbursement in asbestos claims – UK Human Rights Blog

‘R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a host of important and difficult human rights points. But his central conclusion is that a statute which was not challengeable at the time of its enactment became so, because of the subsequent evolution of the law, principally common law, to the detriment of insurers.’

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UK Human Rights Blog, 25th November 2020

Source: ukhumanrightsblog.com

Chambers “expected” to commit to race audits and ‘positive action’ – Legal Futures

‘Chambers should conduct race equality audits and, if necessary, introduce “positive action” to address the problems identified, as well as publish anti-racist statements, the Bar Standards Board (BSB) is set to say.’

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Legal Futures, 27th November 2020

Source: www.legalfutures.co.uk

Racism and Football – What are the possible solutions? – Church Court Chambers

Posted November 25th, 2020 in chambers articles, diversity, employment, equality, news, race discrimination, racism, sport by sally

‘This two-part series of articles written by Yasin Patel (barrister and director of SLAM) looks at the question of “racism in football”. The first article outlined the arguments as to why discrimination and racism is “alive and kicking” in the game and the many forms in which it is prevalent throughout the whole structure of the game.’

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Church Court Chambers, November 2020

Source: churchcourtchambers.co.uk

Boris Johnson ‘acted illegally’ over jobs for top anti-Covid staff – The Guardian

‘Boris Johnson and his health secretary, Matt Hancock, acted “unlawfully” when appointing three key figures – including the head of NHS Test and Trace, Dido Harding – to posts in the fight against Covid-19, according to a legal challenge submitted by campaigners to the high court.’

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The Guardian, 21st November 2020

Source: www.theguardian.com

How Your Boss Could Be Spying On You At Home – And What Your Rights Are – Each Other

‘There are reports of bosses in some parts of the world downloading programs which screenshot their staffs’ computers at regular intervals to monitor their productivity.’

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Each Other, 19th November 2020

Source: eachother.org.uk

Robustness of software – Digital Evidence and Electronic Signature Law Review

Posted November 18th, 2020 in computer programs, employment, fraud, interpretation, news, postal service by sally

‘In the English civil court case Bates v Post Office Limited (Bates 2019), the properties of the Post Office Horizon transaction-processing system were investigated and argued.’

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Digital Evidence and Electronic Signature Law Review, June 2020

Source: journals.sas.ac.uk

Is “Compensation” Back to the Fore in Financial Remedy Proceedings – Becket Chambers

‘The brief facts of the matter are that the parties cohabited and were married for a total of 11 years. They had two children, aged 8 and 10. When they met both the Husband (H) and the Wife (W) were working as solicitors with H an associate and W a trainee although W became an associate on qualifying in 2001. They started a relationship in 2002/3 and in that year, H became an equity partner. By 2019 he earned net of tax just short of £1m per annum. In 2006 W became a managing associate, and in 2007 cohabitation started. Later that year W left the firm to be an in-house lawyer at a bank (on the promise she could work part time if she had children). In 2010 she was made a director, although after her maternity leave she found she was not permitted to work part time in the legal department, and took a part time role in the business team. In 2016 she was made redundant, and she did not work after that.’

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Becket Chambers, 2nd November 2020

Source: becket-chambers.co.uk

Victory For Workers Denied Health And Safety Protections Amid Covid-19 – Each Other

‘Precarious workers have been wrongly denied health and safety protections amid the pandemic, a court has found.’

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Each Other, 17th November 2020

Source: eachother.org.uk

The Skilled Worker Route – What’s Changing? – Richmond Chambers

Posted November 17th, 2020 in employment, immigration, news, remuneration, visas by sally

‘The Skilled Worker Route will open to new applications on 1 December 2020, replacing the Tier 2 (General) route which will close on the same day.’

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Richmond Chambers, 9th November 2020

Source: immigrationbarrister.co.uk

Sacked Treasury adviser settles unfair dismissal claim – BBC News

‘A special advisor who was escorted out of Downing Street by police after a confrontation with Dominic Cummings has settled her unfair dismissal claim.’

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BBC News, 13th November 2020

Source: www.bbc.co.uk

Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair? – 3PB

‘It was common ground between the parties that the claimant had been dismissed for a fair reason, namely redundancy. The point of contention arose from the fact that, at point of dismissal, the respondent had in place a list of workers upon whom it would call upon to
undertake adhoc work as and when needed.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

The Illegality Defence in the Supreme Court again – Littleton Chambers

‘The common law defence of illegality was considered by the Supreme Court in Patel v Mirza [2016] UKSC 42. The Court rejected the reliance principle as applied in Tinsley v Milligan [1994] 1 AC 340, according to which relief was refused to parties who had to rely on their own illegality to establish their case. In its place, the majority adopted a more flexible approach which openly addressed the underlying policy considerations involved and invited Courts to reach a balanced judgment in each case, permitting account to be taken of the proportionality of the outcome.’

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Littleton Chambers, 4th November 2020

Source: littletonchambers.com

Disability, Delusions and Definitions – Parklane Plowden

‘Employees that suffer from a disability so defined are protected against various forms of discrimination because of that status. Employers facing claims of such discrimination must assess whether a Tribunal will find that the employee was in fact, during the relevant period, disabled and, if so, whether it knew or reasonably ought to have known of that fact. It is common for employers to concede the fact of disability.’

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Parklane Plowden Chambers, 4th November 2020

Source: www.parklaneplowden.co.uk

The Self-Isolation Regulations: Implications for Employers – Henderson Chambers

Posted November 10th, 2020 in coronavirus, employment, health, news, penalties, regulations by sally

‘The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, SI 2020/1045 (“the Self-Isolation Regulations”) are the latest in a series of statutory instruments which have, since March 2020, been introduced by UK Government Ministers under the Public Health (Control of Disease) Act 1984 (“the 1984 Act”) in response to the Covid-19 pandemic. This Alerter highlights the implications for employers.’

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Henderson Chambers, 9th October 2020

Source: www.hendersonchambers.co.uk

Homeworking now a “reasonable adjustment” for disabled lawyers – Legal Futures

‘Employment tribunals may in future need to recognise that homeworking has become an established “reasonable adjustment” to working practices for disabled people, including lawyers, a webinar heard last week.’

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Legal Futures, 9th November 2020

Source: www.legalfutures.co.uk

Covid-19 prompts UK call for statutory paid bereavement leave – The Guardian

Posted November 9th, 2020 in bereavement, bills, charities, coronavirus, employment, families, news by sally

‘People who lose a close relative or partner should be entitled to two weeks’ statutory paid bereavement leave, the Sue Ryder charity has said.’

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The Guardian, 9th November 2020

Source: www.theguardian.com

Data protection – ICO’s new guidance on data subject access requests – OUT-LAW.com

Posted November 6th, 2020 in codes of practice, data protection, employment, news by tracey

‘Leanne Francis comments on the ICO’s new guidance on handling data subject access requests from employees.’

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OUT-LAW.com, 5th November 2020

Source: www.pinsentmasons.com

Novation, step-in and a potential problem with CIGA 2020 – Practical Law: Construction Blog

Posted November 4th, 2020 in construction industry, contracts, employment, insolvency, news by tracey

‘Where the contractor has become insolvent, what obligations can an employer enforce when stepping-in to a previously novated professional consultant’s appointment in a design and build scenario?’

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Practical Law: Construction Blog, 3rd November 2020

Source: constructionblog.practicallaw.com

Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB

‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’

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3PB, 2nd October 2020

Source: www.3pb.co.uk

Female lawyers anxious over disproportionate impact of Covid – Legal Futures

‘Almost a quarter of women in the profession have not seen their incomes return to pre-Covid levels with one in five still on less than their previous working hours, a survey has found.’

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Legal Futures, 23rd October 2020

Source: www.legalfutures.co.uk