Employed barristers point to financial security & work/life balance as reasons for going in-house – The Bar Council

Posted November 3rd, 2016 in barristers, employment, press releases, reports by tracey

‘New research from the Bar Council, the representative body for all barristers in England & Wales, on employed barristers’ experiences shows that financial security, a good work/life balance, pension and an interesting and diverse range of work are key factors in choosing to work in-house.’

Full press release

The Bar Council, 3rd November 2016

Source: www.barcouncil.org.uk

Uber drivers: legal documentation has little impact on relationship between worker and engager, expert says – OUT-LAW.com

Posted November 1st, 2016 in employment, employment tribunals, flexible working, news, self-employment, taxis by sally

‘Much has been made of the new flexibilities the so-called ‘gig economy’ offers to businesses and workers. However, whether these flexibilities truly exist will depend on the actual relationship between the parties, as last week’s decision against Uber shows.’

Full story

OUT-LAW.com, 31st October 2016

Source: www.out-law.com

Transferring the blame? – New Law Journal

Posted October 31st, 2016 in employment, news, transfer of undertakings by sally

‘John McMullen examines the conditions of TUPE.’

Full story

New Law Journal, 28th October 2016

Source: www.newlawjournal.co.uk

Uber awaits tribunal ruling over drivers’ status as workers – The Guardian

Posted October 31st, 2016 in employment, employment tribunals, news, taxis by sally

‘An employment tribunal in London will decide whether Uber drivers should be treated as workers with basic employment rights, in a case that could affect tens of thousands of other people working across the gig economy.’

Full story

The Guardian, 28th October 2016

Source: www.guardian.co.uk

Maternity leave sackings cost £280m a year, says equality watchdog – The Guardian

Posted October 28th, 2016 in employment, equality, maternity leave, news, pregnancy, redundancy, sex discrimination by sally

‘British businesses are losing hundreds of millions of pounds every year as a result of women being forced out of jobs after having a baby, a damning report from the equalities watchdog has revealed.’

Full story

The Guardian, 27th October 2016

Source: www.guardian.co.uk

Prisoner resettlement scheme raises concerns – BBC News

Posted October 4th, 2016 in employment, housing, news, prisons, probation, recidivists by sally

‘A flagship government policy to support and supervise inmates leaving jail has been severely criticised by inspectors.’

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BBC News, 4th October 2016

Source: www.bbc.co.uk

‘Are you a killer?’ The quiet discrimination shutting military veterans out of the workplace – Daily Telegraph

Posted October 3rd, 2016 in armed forces, employment, news, recruitment, statistics by sally

‘Stereotypes about Armed Forces veterans as potentially “mad, bad and sad” are driving an unspoken discrimination against former servicemen and women in the civilian jobs market, according to the Royal British Legion.’

Full story

Daily Telegraph, 2nd October 2016

Source: www.telegraph.co.uk

Is employment law fit for the gig economy? – The Guardian

Posted September 13th, 2016 in employment, industrial action, news, postal service, remuneration, self-employment, taxis by sally

‘Protesting Uber drivers and Deliveroo couriers are classed as self-employed, and there are questions as to whether the law adequately protects such workers.’

Full story

The Guardian, 13th September 2016

Source: www.guardian.co.uk

Bosses could face jail for failure to prevent fraud – BBC News

Posted September 12th, 2016 in bills, employment, fraud, money laundering, news, tax evasion by sally

‘Company bosses could be prosecuted for failing to stop their staff committing fraud under new laws being considered by ministers.’

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BBC News, 12th September 2016

Source: www.bbc.co.uk

Hermes may face HMRC investigation into allegations of low pay – The Guardian

‘The government has asked tax inspectors to consider investigating allegations of low pay by self-employed couriers working for the doorstep delivery company Hermes.’

Full story

The Guardian, 11th September 2016

Source: www.guardian.co.uk

Zero-hours contracts used far beyond short-term work, research says – The Guardian

Posted September 8th, 2016 in contract of employment, employment, flexible working, news by tracey

‘More than two-thirds of zero-hours workers aged over 25 have been with the same employer for more than a year, highlighting concerns that the insecure arrangements have become a permanent feature of working life for thousands of people.’

Full story

The Guardian, 8th September 2016

Source: www.guardian.co.uk

Home Office imposes illegal working fines of £14 million on small businesses in 3 month period – Free Movement

Posted September 6th, 2016 in employment, fines, immigration, news, small businesses by sally

‘The Home Office has imposed fines on small businesses for employing illegal workers of over £14 million in just a three month period. The period covered is January to March 2016. The list of businesses targeted by officials appears to include mainly small ethnic minority shops and takeaways. It is unknown how many of those businesses were forced to close as a result.’

Full story

Free Movement, 6th September 2016

Source: www.freemovement.org.uk

EAT: ‘reasonable adjustments’ can in principle include protected pay – OUT-LAW.com

Posted September 5th, 2016 in disabled persons, employment, equality, news, remuneration by sally

‘The duty to make reasonable adjustments (RAs) to enable an employee who is disabled for the purposes of the 2010 Equality Act can in principle include continuing to pay a higher salary when that employee is moved to a lower grade role, the Employment Appeal Tribunal (EAT) has ruled.’

Full story

OUT-LAW.com, 2nd September 2016

Source: www.out-law.com

Employment law: Post-Brexit – OUP Blog

Posted August 30th, 2016 in brexit, EC law, employment, news, referendums, regulations, transfer of undertakings by sally

‘The Leave vote in the EU referendum presents several potential challenges for employers which are of far more immediate and practical importance than speculation about the future direction of employment law in a post-EU environment. An issue over which a considerable amount of ink has been spilled, both before and after the referendum. These challenges include how employers should best seek to manage employee uncertainty and anxiety about the possible impact of the Leave vote on their business; how economic uncertainty will affect recruitment policy, perhaps pushing employers towards more temporary and agency and less permanent recruitment; the impact on employers’ ability to attract and retain skilled staff from overseas of potential changes to immigration laws as part of Brexit; how to reduce the risks of increased disputes in the workplace based on differing views of the merits of Brexit; and ensuring that any relocations or restructurings that the changed climate necessitates are handled so as to minimise exposure to claims. As the UK proceeds with the process of extracting itself from the EU, the impact on free movement and immigration laws will also be crucial for many employers.’

Full story

OUP Blog, 30th August 2016

Source: www.blog.oup.com

Kratzer v RAV AG: Access to Employment versus access to compensation – Cloisters

Posted August 25th, 2016 in age discrimination, compensation, EC law, employment, news by sally

‘Those with long memories will recall a Mr John Berry (alias) who was said to have made ET litigation a veritable cottage industry. Mr Berry’s modus operandi was to locate advertisements (principally placed by recruitment agencies) for roles across the UK which contained terminology allegedly targeting younger people such as “school leavers” or “recent graduates.” Estimates suggest that Mr Berry presented over 60 such claims, several of which led to financial settlement. A number of these claims ultimately made their way to Underhill P in Berry v Recruitment Revolution and ors UKEAT/0419/10/LA etc. On that occasion the EAT determined that an individual who has not applied for a role advertised in discriminatory terms and was not deterred from so applying had no right to compensation.’

Full story

Cloisters, 18th August 2016

Source: www.cloisters.com

Bitter taste for Byron staff – how to handle the immigration obligations – Cloisters

Posted August 25th, 2016 in contract of employment, employment, immigration, news, race discrimination by sally

‘Last week Byron, the upmarket burger chain called their employees into a meeting, which was cast as a meeting to teach them how to cook burgers. Immigration officers turned up to this (allegedly) stooge meeting (the employees were not there to learn how to cook burgers, but apparently to be investigated by the Immigration Service). Immigration detained and removed a number of employees – whom it turns out had been working on illegal passports and visas. It was reported that some of the employees were deported from the UK that evening, without the opportunity to say their goodbyes to family or colleagues.’

Full story

Cloisters, 17th August 2016

Source: www.cloisters.com

When it comes to unsettling settlements, everybody needs good neighbours: Hayward v Zurich Insurance Co [2016] EWCA Civ 327 – Park Square Barristers

‘On 27th July 2016 the Supreme Court handed down their Judgment in the case of Hayward. The case was concerned with whether or not a Defendant, who had settled a personal injury claim despite pleading that the same was exaggerated, could later seek to set aside that settlement on the basis that new evidence of fraud arose.’

Full story

Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

Full story

Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

Rise in women facing discrimination on taking maternity leave – The Guardian

‘New mothers are facing increasing discrimination when they take maternity leave including being made redundant and switched to zero-hours contracts.’

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The Guardian, 21st August 2016

Source: www.guardian.co.uk

Worker rights watchdog fails to bring a single prosecution in a year – The Guardian

Posted August 15th, 2016 in budgets, complaints, employment, enforcement, news, ombudsmen, prosecutions, statistics by sally

‘A workers’ rights watchdog has had its funding cut by more than half since 2010 and has failed to bring a single prosecution in the past year, according to research by Labour.’

Full story

The Guardian, 14th August 2016

Source: www.guardian.co.uk