‘This article will discuss the first instance decision of DJ Adams in the case of French v Secretary of State for Business, Energy and Industrial Strategy heard in Newcastle County Court on noise-induced hearing loss.’
Parklane Plowden, 1st April 2020
Source: www.parklaneplowden.co.uk
‘If you are reading this article with alacrity, chances are you are in charge of a business contemplating adoption of the Government’s Coronavirus Job Retention Scheme (the Scheme) in preference to laying-off or making redundant some or all of your workforce; that, or you will be looking to advise such people on what to include within a furlough letter.’
3PB, 7th April 2020
Source: www.3pb.co.uk
‘The Coronavirus Job Retention Scheme (“the Scheme”) was announced by the government on 20th March 2020.’
Pump Court Chambers, 4th April 2020
Source: www.pumpcourtchambers.com
‘The Coronavirus Job Retention Scheme (“the Scheme”) is a grant that, for those eligible, covers 80% of the usual monthly wage costs up to a ceiling of £2,500 per month plus associated employer NICs and employer pension contributions paid on the furlough pay up to the level of the minimum automatic enrolment employer contribution. Employees can be on any type of employment contract, including full-time, part-time, agency, flexible or zero-hour contracts. Foreign nationals are also eligible to be furloughed.’
Old Square Chambers, 14th April 2020
Source: www.oldsquare.co.uk
‘In Morrison the Supreme Court was at pains to re-state and explain a previous judgment on an employer’s vicarious liability for employees that had been misinterpreted and misapplied both at trial and in the Court of Appeal. What was not examined at any level was the primary liability of joint data controllers, as regulated by the General Data Protection Regulation. This article looks at what the Supreme Court said about vicarious liability and the position of joint controllers.’
The 36 Group, 14th April 2020
Source: 36group.co.uk
‘The law around vicarious liability has been “on the move” since at least the 2012 landmark decision of the Supreme Court in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the “Christian Brothers case”). However, after years of expansion, the Supreme Court has now held in Barclays Bank plc v Various Claimants [2020] UKSC 13 that liability will not always be imposed for the acts of an independent contractor.’
12 King's Bench Walk, 3rd April 2020
Source: www.12kbw.co.uk
‘On 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their impact on the law of Vicarious Liability.’
Hailsham Chambers, 9th April 2020
Source: www.hailshamchambers.com
‘With the prospect of several bank holidays on the horizon with little indication as to how long circumstances may require continued periods of furlough under the Coronavirus Job Retention Scheme (‘the Scheme’), many employers will be worried as to how they deal with the interaction between furlough and annual leave. Specifically, whether they can require annual leave to be taken during furlough and how they deal with bank holidays where they are included within employee’s annual leave entitlement under their contracts of employment.’
Broadway House Chambers, 9th April 2020
Source: broadwayhouse.co.uk
‘As the Coronavirus causes unprecedented and rapid change in our daily lives and many of us get used to the challenges of remote working, it is a good time to remind clients of the recent CoA decision in R. (on the application of Pensions Regulator) v Workchain Ltd [2019] EWCA Crim 1422 which demonstrates the wide application of the Computer Misuse Act 1990 (“CMA”). The case serves as a stark warning for companies and their officers who are not taking data security seriously. Tim Green was instructed by The Pensions Regulator (“TPR”).’
Henderson Chambers, 3rd April 2020
‘A worker has the right not to be subjected to a detriment on the ground that s/he has made a protected disclosure. However, the test of whether the protected disclosure was the reason in the employer’s mind for subjecting the worker to the detriment, and the placement of the burden of proving the same, can be confusing. Hopefully, this short note clarifies matters.’
St John's Buildings, April 2020
Source: stjohnsbuildings.com
‘The Supreme Court has handed down two new judgments addressing the legal limits of vicarious liability in employment and non-employment cases.’
Old Square Chambers, April 2020
Source: www.oldsquare.co.uk
‘On the inauspicious April Fool’s Day, the Supreme Court brought a stop to the expanding course of the law of vicarious liability in two decisions which bear careful consideration and will have a significant impact on the scope for liability in the law of tort generally, beyond the particular contexts of sexual abuse and data protection litigation.’
Ropewalk Chambers, 14th April 2020
Source: www.ropewalk.co.uk
‘At the weekend the government updated the terms of its job retention scheme, and provided clarity about what furloughed employees may do for the business. Helen Gardiner looks at the options.’
Coronavirus: Guidance for Lawyers and Businesses, 15th April 2020
‘The Working Time Regulations (“WTR”) are being amended to allow workers with outstanding holiday leave entitlement in the current holiday year to be able to carry that over for two years.’
Thomas More Chambers, 16th April 2020
Source: www.thomasmore.co.uk
‘On Easter Monday, 13 April 2020, the High Court (Snowden J presiding) handed down its judgment in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch). To add to the Easter joy, the furlough guidance was amended on 9 April 2020 and the judgment had to embrace the amended guidance. One of the clarifying amendments on 9 April was the confirmation that employees who transfer under TUPE after 28 February 2020 may be placed, or continue, on furlough. This has practical implications in the light of this judgment.’
Littleton Chambers, 14th April 2020
Source: www.littletonchambers.com
‘Over 750,000 volunteers have signed up to the government’s scheme to assist the NHS and social services during the coronavirus outbreak. For those coming from another job, what employment protection do these volunteers have? The Minister introduced this aspect of the emergency legislation, the Coronavirus Act 2020, by saying “The Bill protects the income and the employment status of those who volunteer in the health and social care system. Volunteers will play a critical role in relieving the pressure on frontline clinicians and social care staff”. Sections 8, Schedule 7 and section 9 provide for ‘emergency volunteer leave’ (EVL). In this blog, the seventh in a Covid-19 series, Declan O’Dempsey and Tom Gillie answer the following pressing questions: What is EVL? Who may take it, and what should employers do if staff request to do so? The provisions of the Act are not in force at the time of writing. The situation is however a very fast moving one.’
Cloisters, 3rd April 2020
Source: www.cloisters.com
‘Employers are making difficult choices at this time in situations which have never affected their workplaces before. As fresh guidance is issued and new headlines emerge, the next legal queries evolve. This blog by Daniel Dyal examines the interplay between the workplace and the coronavirus. It has been updated in light of the further guidance issued on 9 April 2020.’
Cloisters, 11th April 2020
Source: www.cloisters.com
‘In a much-anticipated decision, the Supreme Court addresses the scope of an employer’s vicarious liability for acts by its employees, in particular the “misunderstandings” that have arisen since its previous landmark decision in Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11.’
12 King's Bench Walk, 2nd April 2020
Source: www.12kbw.co.uk
‘Snowden J gives urgently sought directions to administrators in respect of furlough arrangements with employees following a remote video hearing in the matter of Carluccio’s Limited (in administration) [2020] EWHC 886 (Ch).’
Exchange Chambers, 15th April 2020
Source: www.exchangechambers.co.uk
‘With the JRS there are precious few known knowns, plenty of known unknowns and one suspects a few unknown unknowns; that is to say, things we only realise we didn’t know when the detailed rules of the scheme are published.’
Littleton Chambers, 2nd April 2020
Source: www.littletonchambers.com
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