‘David Reade QC and Daniel Northall provide their fourth update on the Coronavirus Job Retention Scheme and examine the relationship between furlough and annual leave.’
Littleton Chambers, 5th June 2020
Source: littletonchambers.com
‘Giving evidence at court is not “work” for an employee and so being on furlough is not a reason for their employer to seek to vacate a hearing, the designated civil judge in Nottingham has ruled.’
Litigation Futures, 11th June 2020
Source: www.litigationfutures.com
‘In the recent case of Trailfinders v Travel Counsellors & Ors [2020] EWHC 591 (IPEC) the court reiterated that the test was not subjective: the recipient of the client list did not have to know the information was confidential. It was objective: in equity the recipient is under a duty of confidence whenever he ought to know that the information received is fairly and reasonably to be regarded as confidential, irrespective of his actual state of mind. Further, this was now also the statutory position because under Art. 4 (4) of Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition: “The acquisition, use or disclosure of a trade secret shall also be considered unlawful whenever a person, at the time of the acquisition, use or disclosure, knew or ought, under the circumstances, to have known that the trade secret had been obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of paragraph 3.”’
Employment Blog, 9th June 2020
Source: employment11kbw.com
‘The Entrepreneur route has always provided more than its fair share of interpretative challenges to business people and their lawyers alike. And it looks like the Covid-19 concession announced for those still in the route (it was replaced for new applicants by the Innovator option in Spring 2019) is no different.’
Garden Court Chambers, 5th June 2020
Source: www.gardencourtchambers.co.uk
‘On 10 May 2020, the Prime Minister announced changes in the Government’s guidance on working. All employees and workers who could work from home should continue to do so, but those who could not should return to their workplace.’
Thomas More Chambers, 8th June 2020
Source: www.thomasmore.co.uk
‘The Upper Tribunal (Tax and Chancery Chamber) recently held in Revenue and Customs v Professional Game Match Officials Ltd that part-time football referees are independent contractors (rather than employees, whose match fees and other payments are subject to PAYE).’
Old Square Chambers, 1st June 2020
Source: www.oldsquare.co.uk
‘In November 2019 Master Cook had struck out the secondary victim claims brought by the Claimants as a result of witnessing the heart attack and subsequent death of their father some 14 ½ months after the alleged negligent omission of the Defendant Trust. This was on the basis that the claims were bound to fail on a strict application of binding authorities including Taylor -v- A. Novo [2014] QB 150 because the shocking event in question was not proximate in time to the breach of duty. In Taylor v A. Novo the Court of Appeal had dismissed a secondary victim claim where the claimant’s mother had been injured by a falling stack of boards due to the negligence of a colleague at work and had subsequently collapsed and died at home as result of deep vein thrombosis secondary to the accident. The claimant witnessed her mother collapsing at home but not the accident itself. Her claim failed on proximity because the death of the claimant’s mother was not the relevant shocking “event”, which was the accident itself, and so the control mechanisms were not satisfied.’
St John's Chambers, 4th June 2020
Source: www.stjohnschambers.co.uk
‘The Post Office prosecuted postmasters over missing money despite having evidence its own computer system could be to blame.’
BBC News, 8th June 2020
Source: www.bbc.co.uk
‘Professional Game Match Officials Limited (“PGMOL”) is a company whose 3 members are The Football Association Ltd (“the FA”), The Football Association Premier League Ltd (“the Premier League”) and the Football League Ltd (“the Football League”), now referred to as the English Football League (“the EFL”).’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘Britain’s three biggest airlines have started legal proceedings against the government in a bid to overturn quarantine rules due to take effect in the UK from Monday.’
The Guardian, 7th June 2020
Source: www.theguardian.com
‘Cases regarding secondary exposure to risk by employees’ family members have tended to focus on whether exposure of the employee was sufficient to place the employer under an obligation to act, and whether there was sufficient industry knowledge for the employer to appreciate the “secondary exposure” risk.’
Ropewalk Chambers, 15th May 2020
Source: www.ropewalk.co.uk
‘Sir Robert Francis QC (sitting as a deputy high court judge) recently handed down his judgment in Harris v Bartrums Haulage and Storage Ltd and another [2020] EWHC 900 (QB). It serves as a useful reminder of what employers must do to discharge their duty of care in terms of training and risk assessments. The key is being able to show that they are more than a “mere formality” [110]. On the facts of Harris, Sir Robert found that the First Defendant had acted negligently but dismissed the claim on causation. However, his critique of the First Defendant’s training and risk assessment process is relevant to all employers.’
12 King's Bench Walk, 26th May 2020
Source: www.12kbw.co.uk
‘In Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA,1 the EAT dealt with the question of whether length of service is a relevant consideration when asking whether a dismissal is wrongful.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘The Claimant (“C”) was a primary school teacher who had worked for Alderman Davies Church in Wales Primary School (“the School”) for a number of years. The Respondent (“R”) was the governing body of the School. It was agreed between the parties that from April 2015, C had a disability by reason of a mental impairment affecting, in particular, his reaction to and behaviour in stressful situations.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘In this blog, employment barristers Michael Sprack and Amrit Bachu identify the obligations on employers to ensure the safety of their workers, particularly workers returning to work during Covid-19, and consider practical steps that workers can take.’
1MCB Chambers, 19th May 2020
Source: 1mcb.com
‘Mr Leonard was recruited as a Broker by Square Global Limited (“Square”) in February 2015. He resigned summarily on 11 November 2019. For around seven months prior to his resignation, Mr Leonard had been in discussions with a rival financial services business, Market Securities, about leaving Square and joining them instead.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘This was EAT decision involving 4 individuals – Mr F, Mr K, Mr L and Mr P. They were all directors of Lancer; Mr F and Mr K were employees of that company, and Mr L and Mr P were employed by companies which contracted their services to Lancer.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘With employees starting to return to work (be that on a part-time basis or otherwise) and employers continuing to assess the viability of their businesses as going concerns, how might employers make changes to an employees’ contractual terms lawfully in order to avoid redundancies, for instance agreeing a reduction in wages?’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘Rev George Hargreaves was shunned at work by a colleague who ignored him after being outraged by a perceived homophobic remark he had made.’
Daily Telegraph, 2nd June 2020
Source: www.telegraph.co.uk
‘Employers who meet the definition of being an ‘emanation of the state’1 may be liable to employees for breach of EU Directives under the doctrine of “direct effect”.’
Ropewalk Chambers, 11th May 2020
Source: www.ropewalk.co.uk
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