Coronavirus: Draft post-lockdown workplace rules contain ‘huge gaps’ – TUC – BBC News

Posted May 5th, 2020 in coronavirus, employment, health & safety, news, trade unions by sally

‘Draft guidance for getting people back to work during the coronavirus pandemic could compromise worker safety, the head of the TUC has warned.’

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BBC News, 4th May 2020

Source: www.bbc.co.uk

Covid-19 deaths and Inquests – Doughty Street Chambers

‘An Inquest is not a foregone conclusion, since death by prevalent disease will not necessarily be considered “unnatural”. There is new guidance issued today (28 April 2020) by the Chief Coroner as to the circumstances in which in Inquest will be appropriate.’

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Doughty Street Chambers, 28th April 2020

Source: insights.doughtystreet.co.uk

Comply with ADR duty or risk costs sanction – Law Society’s Gazette

‘The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.’

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Law Society's Gazette, 4th May 2020

Source: www.lawgazette.co.uk

Furloughed from work? It pays to know your rights – The Guardian

Posted May 4th, 2020 in company law, coronavirus, emergency powers, employment, news, remuneration by sally

‘The rules of the government’s job retention scheme are complex. We put your questions to an employment specialist to cut through the confusion.’

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The Guardian, 3rd May 2020

Source: www.theguardian.com

Law Commission unveils employment tribunal reform package – Litigation Futures

‘Doubling the time limit for launching claims to six months and allowing workers to bring breach of contract claims while still employed are among Law Commission recommendations for employment tribunal (ET) reform.’

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Litigation Futures, 30th April 2020

Source: www.litigationfutures.com

Call for employment tribunals to have more power to protect workers – The Guardian

‘Employment tribunals should be given powers to make awards of up to £100,000 for breach of contract and to deal with disputes where staff are still in work, the Law Commission has recommended.’

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The Guardian, 29th April 2020

Source: www.theguardian.com

British lawyer sues EU over her removal from its court due to Brexit – The Guardian

Posted May 1st, 2020 in barristers, brexit, citizenship, courts, EC law, employment, news, unfair dismissal by sally

‘The UK’s last judicial member of the European court of justice is suing the council of the European Union and the EU court over her removal from office because of Brexit.’

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The Guardian, 1st May 2020

Source: www.theguardian.com

‘Justice not charity’ – the blind marchers who made history – BBC News

‘A century ago blind and partially sighted people marched on London to lobby the government to improve their living and working conditions. The 1920 Blind March has become a milestone in the history of the disability rights movement. But as recreating a large gathering is not possible in current circumstances, blind people are using their daily personal exercise to mark the anniversary.’

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BBC News, 30th April 2020

Source: www.bbc.co.uk

Insolvency Administrations Under the Coronavirus Lockdown – Thomas More Chambers

‘Insolvency administrators often like to compare their salvage missions to the activity of fungi in recycling dying matter. Administrators, like fungi, earn a living by grappling with the products of decay, taking apart dying businesses and, where possible, identifying, reconstituting and revivifying the most promising bits.’

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Thomas More Chambers, 20th April 2020

Source: www.thomasmore.co.uk

Sign of the times: Debenhams Retail Ltd (in administration): Administrators and furlough arrangements – Exchange Chambers

‘It is a sign of the times that there have been two urgent applications to the High Court of Justice for directions by administrators in respect of furlough arrangements in the course of one week. Each application has concerned high profile companies employing vast numbers of people. The financial implications of the issues before the court in each case are significant for both employees and administrators.’

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Exchange Chambers, 22nd April 2020

Source: www.exchangechambers.co.uk

Vicarious Liability: whose liability is it anyway? – 4 New Square

‘On 1 April 2020 the Supreme Court handed down judgment in Barclays Bank plc v Various Claimants [2020] UKSC 13 (“Barclays”) and MW Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 (“Morrison”) – the latest in the recent line of cases focussed on the nature, scope and development of the doctrine of vicarious liability.’

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4 New Square, 20th April 2020

Source: www.4newsquare.com

EXE v Governors of the Royal Naval School [2020] EWHC 596 QB – 39 Essex Chambers

‘The Defendants employed a 30 year old man “Hughes” as a kitchen porter from 15 October 1990 to 10 July 1991 at their school for girls. He was provided with accommodation on the school premises. The Defendants were not aware that Hughes had a criminal record, including offences of indecent assault on a female and unlawful sexual intercourse with a girl under the age of 15. Had the Defendants been aware of these convictions, Hughes would not have been offered employment.’

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39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

The Coronavirus Job Retention Scheme – Update – Thomas More Chambers

Posted April 24th, 2020 in chambers articles, coronavirus, employment, news by sally

‘The Coronavirus job Retention Scheme guidance was updated on 15 and, in particular, 17 April 2020. This article identifies the most important updates and, where necessary, explains them.’

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Thomas More Chambers, 20th April 2020

Source: www.thomasmore.co.uk

Conveyancers calls on government to extend furlough scheme – Legal Futures

Posted April 24th, 2020 in conveyancing, coronavirus, delay, employment, housing, news, remuneration, stamp duty by sally

‘The furlough scheme should be extended for property businesses, like conveyancers, where income required to pay staff will not be available for months after work is undertaken once lockdown is lifted, the government has been told.’

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Legal Futures, 23rd April 2020

Source: www.legalfutures.co.uk

The consequences for administrators of furloughing employees – further clarification: Re Debenhams Retail Limited [2020] EWHC 921 (Ch) – Radcliffe Chambers

‘In a judgment dated 17th April 2020 in Re Debenhams Retail Limited (in administration) [2020] EWHC 921 (Ch), Trower J determined an application for directions by the joint administrators of Debenhams which concerned the impact of the application of the Government’s Coronavirus Job Retention Scheme in administrations and the recent decision of Snowden J in Re Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). Matthew Weaver considers Trower J’s judgment and its implications in this briefing.’

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Radcliffe Chambers, 21st April 2020

Source: radcliffechambers.com

Re Carluccio’s Limited (in Administration) – Pump Court Chambers

‘It should be noted from the outset that Snowden J’s judgment in Re Carluccio’s is not binding. There were no representative employees or interested parties during the remote video hearing so the judgment does not bind the employees or the government.’

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Pump Court Chambers, 22nd April 2020

Source: www.pumpcourtchambers.com

Leading forensic scientist wins sex discrimination case – Daily Telegraph

‘One of Britain’s leading forensic scientists was a victim of sexual discrimination after she was asked by her boss whether she disliked him because she was gay, an employment tribunal has ruled.’

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Daily Telegraph, 23rd April 2020

Source: www.telegraph.co.uk

HMT Direction issued on furlough under the Coronavirus Job Retention Scheme – 11KBW

‘Since announcing the Coronavirus Job Retention Scheme (the “Scheme”) in mid-March, the Government has issued several iterations of Guidance which explain the Scheme – not all in the same way. On 15 April 2020, HMT issued the ‘Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction’ (the “Direction”). It is the Direction which finally provides a basis in law for the Scheme and to which close attention should now be paid.’

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11KBW, April 2020

Source: www.11kbw.com

Covid-19 testing extended to frontline court staff and judges – Law Society’s Gazette

‘HM Courts & Tribunals Service says decisions on personal protective equipment are in line with official guidance following enquiries by the Gazette about what measures are being taken to protect staff at courts being kept open during the pandemic.’

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Law Society's Gazette, 21st April 2020

Source: www.lawgazette.co.uk

HMT Direction issued on furlough under the Coronavirus Job Retention Scheme – 11KBW

‘Since announcing the Coronavirus Job Retention Scheme (the “Scheme”) in mid-March, the Government has issued several iterations of Guidance which explain the Scheme – not all in the same way. On 15 April 2020, HMT issued the ‘Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction’ (the “Direction”).[1] It is the Direction which finally provides a basis in law for the Scheme and to which close attention should now be paid.’

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11KBW, 20th April 2020

Source: www.11kbw.com