Universal Credit: Mum wins High Court fight against DWP – BBC News

Posted July 22nd, 2020 in benefits, employment, government departments, news, remuneration by sally

‘A single working mother has won a High Court challenge against the Department for Work and Pensions (DWP) over “irrational” universal credit rules.’

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BBC News, 20th July 2020

Source: www.bbc.co.uk

Young CICA solicitor was not unfairly dismissed – Legal Futures

‘A young solicitor at the Criminal Injuries Compensation Authority (CICA), who left only six months after completing her traineeship because her fixed-term contract (FTC) had expired, was not unfairly dismissed, an employment tribunal has ruled.’

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Legal Futures, 20th July 2020

Source: www.legalfutures.co.uk

Duty of care owed by UK ship agent to Bangladeshi worker? – UK Human Rights Blog

‘On 30 March 2018, whilst working on the demolition of an oil tanker on the beach at Chittagong, Bangladesh, Mr Mollah fell to his death.’

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UK Human Rights Blog, 17th July 2020

Source: ukhumanrightsblog.com

Uber drivers to launch legal bid to uncover app’s algorithm – The Guardian

‘Minicab drivers will launch a legal bid to uncover secret computer algorithms used by Uber to manage their work in a test case that could increase transparency for millions of gig economy workers across Europe.’

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The Guardian, 20th July 2020

Source: www.theguardian.com

Fewer than half of employment tribunal claimants use lawyers – Legal Futures

Posted July 13th, 2020 in employment, employment tribunals, legal representation, news, statistics by sally

‘Fewer than half of employment tribunal claimants use a lawyer, with most of those unrepresented at hearings saying it was because they could not afford one, according to government research.’

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Legal Futures, 13th July 2020

Source: www.legalfutures.co.uk

Redundancy: Principles and Calculations Revisited – 33 Bedford Row

Posted July 10th, 2020 in chambers articles, company law, coronavirus, employment, news, redundancy by sally

‘This article has been prepared by two barristers at 33 Bedford Row outlining the basic principles in relation to redundancy as well as calculation of any redundancy payment.’

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33 Bedford Row, 30th June 2020

Source: www.33bedfordrow.co.uk

Court of Appeal Re-examines Test for Causation Under Section 15 of the Equality Act 2010 – Old Square Chambers

‘The Court of Appeal has delivered judgment in the case of Robinson v Department for Work and Pensions [2020] EWCA Civ 859, a decision which confirms that it is insufficient for a Claimant to argue, on a claim under section 15 of the Equality Act 2010, that “but for” their disability they would not have been put in a situation that led to unfavourable treatment. Rather, the focus needs to be on the reasons for the treatment itself. In so finding, the Court has approved of the obiter comments of Underhill LJ in Dunn v Secretary of State for Justice [2019] IRLR 298.’

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Old Square Chambers, 7th July 2020

Source: www.oldsquare.co.uk

Marriage discrimination: Gould v St Johns Downshire Hill UKEAT/0002/20/BA – 3PB

‘The Claimant, Mr Gould, was a vicar of an evangelical Christian church, St Johns, Downshire Hill, in Hampstead, London (the Respondent). In August 2016, he was dismissed from his role. The reason given by the Respondent was an irretrievable breakdown in relations between the Claimant and the Trustees, the Leadership Team, certain members of staff and other members of the congregation. The Claimant alleged that the reason for his dismissal was the breakdown of his marriage in May 2015. He brought a claim to the ET, alleging direct marriage discrimination, and that his dismissal was for a discriminatory reason and procedurally unfair.’

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3PB, 1st July 2020

Source: www.3pb.co.uk

Guidance from the EAT as to the calculation of a week’s pay and profitability bonuses: Econ Engineering Limited (Appellant) v Mr P Dixon and Others (Respondent) – Parklane Plowden Chambers

‘For sums to be included in the calculation of a week’s pay by reference to S.221(2) Employment Rights Act (ERA) 1996, completion of normal working hours must be both a necessary and a sufficient condition for the entitlement to the relevant payment.’

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Parklane Plowden Chambers, 6th July 2020

Source: www.parklaneplowden.co.uk

Attending a court to give evidence for the employer is not ‘‘work’’ for the purposes of the ‘furlough’ scheme – 3PB

‘According to a report in the Nottinghamshire Law Society Civil Court User Bulletin No 5. HHJ Godsmark QC, on an application to vacate a trial on account of the Defendant’s witnesses being “furloughed”, stated that, “attending a court to give evidence for the employer is not ‘work’ and certainly not work within the meaning of the furlough scheme”.’

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3PB, 3rd July 2020

Source: www.3pb.co.uk

Covid-19: What Are My Redundancy Rights? – Each Other

Posted July 8th, 2020 in company law, coronavirus, employment, news, redundancy by sally

‘In the past week, thousands of people have lost their jobs across the UK due to the impact of Covid-19.’

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Each Other, 7th July 2020

Source: eachother.org.uk

Case Preview: Equitas Insurance Ltd v Municipal Mutual Insurance Ltd – UKSC Blog

Posted July 7th, 2020 in cancer, employment, industrial injuries, insurance, news, Supreme Court by sally

‘In this case preview, Neil Beighton, Simon Kilgour, Diane Jerry and Sarah Day, who all work within the CMS Insurance and Reinsurance Group, discuss the appeal due to be heard this week by the UK Supreme Court in this matter of Equitas Insurance Ltd v Municipal Mutual Insurance Ltd.’

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UKSC Blog, 6th July 2020

Source: ukscblog.com

Employment law: Dealing with race discrimination complaints following the Black Lives Matter movement – Parklane Plowden Chambers

‘The recent tragic death of George Floyd and the Black Lives Matter (BLM) movement has highlighted the need to tackle race discrimination in the workplace. Many businesses both in the UK and worldwide have made public statements reinforcing their commitment to equality and the BLM movement. Just as the #MeToo movement raised awareness of sexual harassment and discrimination in the workplace, recent events should be the catalyst for a renewed emphasis on preventing and tackling race discrimination and ensuring that BAME employees are supported in the workplace.’

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Parklane Plowden Chambers, 19th June 2020

Source: www.parklaneplowden.co.uk

Judgment in Challenge to Exclusion of Workers From Sick Pay & Income Protection During Pandemic- Old Square Chambers

‘On 15 June 2020 the High Court handed down its expedited judgment in R (Adiatu & IWGB) v HM Treasury [2020] EWHC 1554 (Admin).’

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Old Square Chambers, 22nd June 2020

Source: www.oldsquare.co.uk

A double victory for members of schemes in the PPF – Wilberforce Chamber

Posted June 26th, 2020 in chambers articles, EC law, employment, insolvency, judicial review, news, pensions by sally

‘The judgment of Mr Justice Lewis in Hughes and others v Board of the Pension Protection Fund [2020] EWHC 1598 (Admin), handed down on 22 June 2020, is of considerable importance for members of defined benefit schemes of insolvent employers. Thomas Seymour along with a counsel team from Blackstone Chambers (Tom de la Mare QC and Iain Steele), instructed by Farrers, acted for the British Airline Pilots Association (BALPA) representing pilots who were members of the Monarch and BMI Schemes, who brought proceedings for judicial review along with the claimants of other schemes. The proceedings, brought against the Pension Protection Fund (“PPF”) with the Department of Work and Pensions (“DWP”) as an interested party, were heard at a five-day remote hearing in the Administrative Court in May.’

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Wilberforce Chambers, 24th June 2020

Source: www.wilberforce.co.uk

Chancery Lane demands action to clear employment tribunals backlog – Local Government Lawyer

‘The Law Society has called for action to be taken to clear a backlog of cases in employment tribunals ahead of an anticipated “avalanche” of post-COVID claims.’

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Local Government Lawyer, 23rd June 2020

Source: www.localgovernmentlawyer.co.uk

Vulnerable parties and witnesses in employment tribunal proceedings – 12 King’s Bench Walk

‘The first Presidential Guidance on vulnerable parties and witnesses in employment tribunal proceedings was issued this April. Key parts of the guidance deal with (i) identifying when a participant is vulnerable, and (ii) case management: directions and orders.’

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12 King's Bench Walk, 9th June 2020

Source: www.12kbw.co.uk

Employment lawyers should brace for advice rush – Legal Futures

Posted June 16th, 2020 in citizens advice bureaux, coronavirus, employment, news, redundancy by sally

‘Employment lawyers could be about to see a surge in enquiries, with data from Citizens Advice showing that people are becoming increasingly concerned about redundancy.’

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Legal Futures, 16th June 2020

Source: www.legalfutures.co.uk

BA, easyJet and Ryanair begin court action over UK quarantine rules – The Guardian

‘Britain’s three biggest airlines have filed papers in the high court to seek an urgent judicial review of the government’s quarantine laws, which they say are having a devastating effect on tourism and the wider economy.’

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The Guardian, 12th June 2020

Source: www.theguardian.com

Safe workplaces and the commute to work – how far does section 44 of the Employment Rights Act 1996 go? – Six Pump Court

‘On 11 May 2020, the Government published practical Guidance[1] in a bid to encourage workplaces to be made as safe as possible for returning employees during the Covid-19 pandemic. Whilst the Guidance has been developed in consultation with unions and industry bodies, there still exists the very real possibility that employees do not have sufficient confidence that their workplaces are, in fact, ‘Covid-19 secure’ and consider that by returning, they have been subjected to a detriment by their employer.’

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Six Pump Court, 9th June 2020

Source: www.6pumpcourt.co.uk