Lump sum damages approved after judge finds lack of earnings evidence – Law Society’s Gazette

Posted November 7th, 2019 in appeals, compensation, damages, employment, evidence, news, personal injuries, remuneration by tracey

‘The Court of Appeal has upheld a judge’s decision to award lump sum damages on the basis of a lack of evidence about future earnings.’

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Law Society's Gazette, 7th November 2019

Source: www.lawgazette.co.uk

Discrimination at Work Under the DIFC’S New Employment Law – Littleton Chambers

Posted October 31st, 2019 in employment, equality, news by sally

‘On 30 August 2019, the DIFC’s new Employment Law (“the New Law”) came into force. Though the drafting of the New Law marks, in its detail, a notable departure from both the old law (of 2005) and the draft law, largely similar provisions have been in force for the best part of 15 years. However, as the DIFC Court recognised in Hana Al Herz v DIFC Authority [2014] DIFC CA 004, there was no entitlement to damages for breach of the earlier discrimination provisions. That has been rectified. Practitioners can thus expect close scrutiny of the New Law and the discrimination protections it provides.’

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Littleton Chambers, 8th October 2019

Source: www.littletonchambers.com

Gilham v Ministry of Justice [2019] UKSC 44 – Old Square Chambers

‘In Gilham v MOJ the Supreme Court considered the novel question whether judges are workers for the purposes of the protection against whistle blowing detriment in the Employment Rights Act 1996.’

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Old Square Chambers, 16th October 2019

Source: www.oldsquare.co.uk

New law “to put more pressure” on solicitors’ NDA advice – Legal Futures

‘A new law ensuring that employees signing non-disclosure agreements (NDAs) receive independent legal advice will “increase the onus” on solicitors to act properly when drafting them, the government has said.’

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Legal Futures, 30th October 2019

Source: www.legalfutures.co.uk

Legal View: Brain injury findings could be landmark in battle to win compensation for stricken ex-players – Daily Telegraph

‘The University of Glasgow’s study is of huge significance in football’s long-running history with brain injury. The fact that neurodegenerative disease was listed as the primary or contributory cause of death amongst so many former players is staggering. This evidence cannot be ignored, the links are known and football’s governing bodies have a responsibility to the players. If they do not now act, they will leave themselves vulnerable to legal claims. The law is clear and football is no different to any other employer-employee relationship. If your employer knows of a risk that can be mitigated and takes no reasonable action to remedy it, then you are looking at legal redress.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Whistleblowing judges: protected by human rights? – UK Human Rights Blog

‘The UK Supreme Court has unanimously granted an appeal by a district judge against the Court of Appeal’s decision that she did not qualify as a “worker” under the Employment Rights Act 1996 (the “1996 Act”), and therefore could not benefit from the whistleblowing protections it conferred.’

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UK Human Rights Blog, 18th October 2019

Source: ukhumanrightsblog.com

One in four young women scared they will be sacked if they report sexual harassment, study finds – The Independent

‘One in four young women are scared they will be sacked if they report sexual harassment at work, a study has found. Carried out by the Young Women’s Trust and released on the second anniversary of the #metoo movement, the research found that just 6 per cent of young women who had been sexually harassed at work reported the misconduct.’

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The Independent, 15th October 2019

Source: www.independent.co.uk

Court of Appeal orders council to pay cost of attendance of young woman at weekly placement – Local Government Lawyer

‘The Court of Appeal has ruled that North East Lincolnshire Council should have paid the cost of a disabled young woman attending a weekly placement, overturning an earlier High Court decision.’

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Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

Brain-damaged claimant should not learn of £6.7m award, court rules – Law Society’s Gazette

‘The High Court has taken the unusual step of stopping a personal injury claimant from knowing what compensation he has received.’

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Law Society's Gazette, 10th October 2019

Source: www.lawgazette.co.uk

Case Preview: Gilham v Ministry of Justice Part Two – UKSC Blog

‘Ms Gilham appealed on all three grounds. She also appears to raise the distinct but related question whether she can bring her claim as a ‘Crown employee’ within the meaning of the ERA, s191.’

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UKSC Blog, 9th October 2019

Source: ukscblog.com

Case Preview: Gilham v Ministry of Justice Part One – UKSC Blog

‘Claire Gilham is a district judge. She claims that she was subjected to various detriments as a result of making complaints about her judicial workload and the poor management of the courts.’

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UKSC Blog, 9th October 2019

Source: ukscblog.com

Trade union firm faces trade union-organised strike – Legal Futures

Posted October 9th, 2019 in budgets, costs, employment, law firms, news, personal injuries, remuneration, trade unions by sally

‘Leading trade union law firm Thompsons is facing a strike over pay – and pickets lines at its offices across the country – organised by a trade union.’

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Legal Futures, 9th October 2019

Source: www.legalfutures.co.uk

Tribunal rejects claims from ‘partner’ who sued as employee – Legal Futures

‘A former salaried partner, permitted by an employment tribunal earlier this year to sue her law firm as an employee, has lost all but one of her claims.’

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Legal Futures, 9th October 2019

Source: www.legalfutures.co.uk

Vegetarianism as a protected characteristic: another view on Conisbee – Law & Religion UK

Posted September 26th, 2019 in diversity, employment, employment tribunals, equality, human rights, news, vegetarianism by tracey

‘In Conisbee v Crossley Farms Ltd & Ors [2019] ET 3335357/2018, Employment Judge Postle gave a reserved judgment in which he found that the Claimant’s contention that vegetarianism could be a protected characteristic under the Equality Act 2010 was not well-founded. The judgment has already been noted in this blog; in this supplementary post I will be focusing on the ET’s sharp distinction between vegetarianism and veganism, which it used – rashly – to find that ethical vegetarianism was incapable of constituting a religion or belief under the Equality Act 2010.’

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Law & Religion UK, 23rd September 2019

Source: www.lawandreligionuk.com

Council hit with £100k fine after exposing workers to Hand Arm Vibration Syndrome – Local Government Lawyer

Posted September 19th, 2019 in employment, fines, health & safety, industrial injuries, local government, news by tracey

‘Dacorum Borough Council has been fined £100,000 for exposing seven grounds maintenance workers to Hand Arm Vibration Syndrome (HAVS), caused by excessive use of power tools.

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Local Government Lawyer, 18th September 2019

Source: www.localgovernmentlawyer.co.uk

Illegal work practices ‘far too common’ says think tank study – BBC News

Posted September 16th, 2019 in employment, employment tribunals, holiday pay, news, remuneration, reports, young persons by tracey

‘About one in 20 workers does not get paid holidays, while one in 10 does not get a payslip, according to a report by the Resolution Foundation think tank.’

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BBC News, 16th September 2019

Source: www.bbc.co.uk

NDA advice “must be about more than just the law” – Legal Futures

‘Any solicitor who thinks it is only the law that restricts advice on non-disclosure agreements (NDAs), ignoring the wider public interest, is “heading for trouble”, experts have warned.’

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Legal Futures, 3rd September 2019

Source: www.legalfutures.co.uk

Top law firm criticised for ‘chaining employees to desk’ with 24-hour concierge service – Daily Telegraph

Posted September 2nd, 2019 in employment, flexible working, law firms, news, solicitors, working time by sally

‘A law firm has given its solicitors a concierge service to run their errands, prompting criticism that they are trying to chain staff to their desks.’

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Daily Telegraph, 31st August 2019

Source: www.telegraph.co.uk

Facebook postings and vicarious liability of employers – Local Government Lawyer

‘Charles Pigott examines an Employment Appeal Tribunal ruling that racially offensive Facebook posting was not done in the course of employment.’

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Local Government Lawyer, 30th August 2019

Source: www.localgovernmentlawyer.co.uk

Hogan Lovells partner rebuked over pregnancy discrimination – Legal Futures

‘A senior finance partner at City giant Hogan Lovells has been rebuked by the Solicitors Regulation Authority (SRA) after a tribunal found that he discriminated against his children’s pregnant nanny.’

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Legal Futures, 29th August 2019

Source: www.legalfutures.co.uk