Category: employment

BAE Systems (Operations) Ltd v Marion Konczak [2017] EWCA Civ 1188 – Blackstone Chambers

Posted August 22nd, 2017 in appeals, compensation, employment, employment tribunals, mental health, news, psychiatric damage by sally

‘The Court of Appeal has today given important guidance on how to assess compensation in cases where a claimant’s injury has multiple causes. The decision will be of particular relevance to cases where an employer’s conduct acts in conjunction with other factors to cause psychiatric harm, such as stress at work or depression, to a vulnerable employee.’

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Blackstone Chambers, 31st July 2017

Source: www.blackstonechambers.com

Protecting/Exposing Confidential Documents – Blackstone Chambers

Posted August 22nd, 2017 in civil procedure rules, competition, confidentiality, disclosure, documents, employment, news, treaties by sally

‘In this paper, presented at the recent Blackstone Chambers Employee Competition Seminar, Kerenza Davis addresses the tricky issue of protecting confidential documents when litigating in the areas of employee competition.’

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Blackstone Chambers, 19th July 2017

Source: www.employeecompetition.com

Simon Anderson discusses the case of Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB) – Park Square Barristers

Posted August 22nd, 2017 in banking, contracting out, doctors, employment, news, sexual offences by sally

‘Can an employer be vicariously liable for sexual assaults perpetrated by an independent physician engaged to conduct health screening of employees? Yes, according to The Hon Mrs Justice Davies in Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB) in a judgment handed down on 26th July 2017. Simon Anderson considers its reasoning, and its wider implications for employers.’

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Park Square Barristers, 8th August 2017

Source: www.parksquarebarristers.co.uk

High Court Decision as to Scope of Vicarious Liability – Henderson Chambers

Posted August 22nd, 2017 in banking, contracting out, doctors, employment, negligence, news, sexual offences, vicarious liability by sally

‘In Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB), the High Court (The Hon Mrs Justice Davies DBE) held that Barclays Bank was vicariously liable in respect of alleged sexual assaults perpetrated by a Doctor, not employed by Barclays, who conducted medical assessments and examinations on prospective employees of the Bank.’

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Henderson Chambers, 10th August 2017

Source: www.hendersonchambers.co.uk

The ever-widening scope of vicarious liability – Cloisters

Posted August 22nd, 2017 in appeals, banking, contracting out, doctors, employment, news, sexual offences, vicarious liability by sally

‘Adam Ohringer considers the recent judgment of Various Claimants v Barclays Bank plc [2017] EWHC 1929 (QB) and its implications on vicarious liability.’

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Cloisters, 10th August 2017

Source: www.cloisters.com

The most famous case on the rule of law for a generation? Employment tribunal fees declared unlawful – Hardwicke Chambers

Posted August 22nd, 2017 in appeals, employment, employment tribunals, equality, fees, news, Supreme Court, trade unions by sally

‘The Supreme Court have, this morning, handed down Judgment in the case of R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, more commonly known as ‘the appeal against Employment Tribunal fees’.’

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Hardwicke Chambers, 26th July 2017

Source: www.hardwicke.co.uk

Parks police dismissal does not engage article 8 – UK Police Law Blog

Posted August 16th, 2017 in employment, human rights, international courts, local government, London, news, parks, police, redundancy, statutory interpretation, unfair dismissal by sally

‘The recent case of Vining & Ors v London Borough of Wandsworth [2017] EWCA Civ 1092 represents an attempt to circumvent restrictions on certain types of officers from enjoying employment law rights – in a claim of unfair dismissal and for a protective award in respect of an alleged failure in collective consultation relating to their redundancies.’

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UK Police Law Blog, 15th August 2017

Source: ukpolicelawblog.com

Data protection: GDPR and employee surveilance – Law Society’s Gazette

Posted July 31st, 2017 in data protection, EC law, employment, investigatory powers, news, privacy by sally

‘At present all employers have to comply with the Data Protection Act 1998 (DPA) when conducting employee surveillance, as they will be gathering and using personal data about living, identifiable individuals (location, movements, internet browsing history and so on). Part 3 of the Information Commissioner’s Office (ICO) Data Protection Employment Practices Code is an important document to follow to avoid DPA breaches. It covers all types of employee surveillance.’

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Law Society's Gazette, 31st July 2017

Source: www.lawgazette.co.uk

Matthew Taylor report: Government should look at reducing the cost of employment tribunal fees – The Independent

Posted July 11th, 2017 in employment, employment tribunals, fees, flexible working, news, reports, self-employment by sally

‘Government officials should look at reducing the cost of employment tribunal fees, according to Matthew Taylor, who today publishes a long-awaited review into employment rights of workers in the gig economy.’

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The Independent, 11th July 2017

Source: www.independent.co.uk

Workers in the gig economy should get sick leave and holidays, landmark review to recommend – Daily Telegraph

Posted July 10th, 2017 in employment, holiday pay, news, sick leave by sally

‘Sick leave and paid holidays will be extended to temporary workers in the “gig economy” under plans unveiled in a landmark review commissioned by Theresa May.’

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Daily Telegraph, 9th July 2017

Source: www.telegraph.co.uk

Hertfordshire CC v Davies – Arden Chambers

Posted July 6th, 2017 in employment, housing, human rights, local government, news, repossession by sally

‘The High Court has held that the exclusion from security of tenure for service occupiers is not unlawful discrimination contrary to Art.14, European Convention on Human Rights.’

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Arden Chambers, 21st June 2017

Source: www.ardenchambers.com

Working in a heatwave: your legal rights – The Guardian

Posted June 21st, 2017 in employment, health & safety, news by sally

‘Have you been sweltering at work this week in a suit and tie? You may have already ditched the office dress code, but what does the law say about wearing a uniform during a heatwave?’

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The Guardian, 21st June 2017

Source: www.theguardian.com

Government inspectors should enforce workers’ rights, says Law Society – The Guardian

Posted June 21st, 2017 in employment, employment tribunals, investigatory powers, Law Society, news, self-employment by sally

‘Government-backed inspectors should be able to investigate companies and entire industries to prevent unscrupulous companies falsely labelling workers as self-employed, according to a leading legal body.’

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The Guardian, 21st June 2017

Source: www.theguardian.com

Council hit with £100k fine after cyber attack during IT outsourcing – Local Government Lawyer

Posted June 13th, 2017 in appeals, contracting out, data protection, employment, fines, local government, news by sally

‘A city council has been hit with a £100,000 monetary penalty after leaving employees’ personal information vulnerable to a cyber attacker who exploited a flaw in the authority’s website.’

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Local Government Lawyer, 12th June 2017

Source: www.localgovernmentlawyer.co.uk

Tier 2: is it Brexit ready? – Free Movement

Posted June 12th, 2017 in employment, immigration, migrant workers, news, sponsored immigrants, statistics, visas by sally

‘Everything about the UK work permit system is designed to disincentivise employers importing migrant labour from outside of the EU.’

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Free Movement, 12th June 2017

Source: www.freemovement.org.uk

Father wins discrimination case against employer for failing to give him full paternity leave – Daily Telegraph

Posted June 12th, 2017 in employment, employment tribunals, families, news, paternity leave, sex discrimination by sally

‘A father has successfully sued his employer for failing to give him full paternity leave rights, in a case thought to be the first of its kind.’

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Daily Telegraph, 11th June 2017

Source: www.telegraph.co.uk

‘Uber’ising the workforce – Counsel

Posted June 9th, 2017 in employment, employment tribunals, news, self-employment, statutory interpretation by sally

‘Drivers, couriers and freelance plumbers: have the leaks in employment protection been repaired? Chris Milsom reports.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

Does an employer discriminate by behaving inconsistently with religious values? – Keens-Betts – Law & Religion UK

Posted June 1st, 2017 in employment, news, religious discrimination, tribunals by sally

‘Can an employee claim direct or indirect discrimination on grounds of religion because she feels that her employer’s behaviour is inconsistent with what she understands to be “the Christian way of life”? That was one of the issues raised in Miss M Keens-Betts v The Anthony Gregg Partnership Ltd [2017] UKET 2208102/2016.’

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Law & Religion UK, 1st June 2017

Source: www.lawandreligionuk.com

Teachers win Supreme Court case in landmark ruling over ‘unfair’ pay deductions – The Independent

Posted May 25th, 2017 in appeals, employment, industrial action, news, remuneration, Supreme Court by tracey

‘A group of teachers have won a “landmark victory” against their employer, after having too much pay deducted from their annual salaries. The Supreme Court decision follows a lengthy legal battle involving three teachers at King Edward VI College in Stourbridge, who took part in a union-led strike in 2011 over changes to public sector pensions.’

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The Independent, 24th May 2017

Source: www.independent.co.uk

National Minimum Wage – Local Government Law

Posted May 23rd, 2017 in appeals, employment, employment tribunals, minimum wage, news by tracey

‘The three appeals to the Employment Appeal Tribunal in cases including Focus Care Agency Ltd v Roberts, UKEAT/0143/16/DM, consider the proper approach to the question whether employees who “sleep-in” in order to carry out duties if required engage in “time-work” for the full duration of the night shift, or whether they are entitled to the National Minimum Wage, under the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 and 2015, only when they are awake and carrying out relevant duties.’

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Local Government Law, 22nd May 2017

Source: www.11kbw.com/blogs/local-government-law