What Price a Comment! Chelsea Football Club v Carneiro – Park Square Barristers

‘The public falling out between Jose’ Mourinho and Eva Carneiro happened during the first game of the season at Stamford Bridge, home of Chelsea Football Club. The manner in which this situation unfolded dominated the headlines, which resulted in a settlement at the Employment Tribunal, Croydon, London on Tuesday 7th June 2016.’

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Park Square Barristers, 15th June 2016

Source: www.parksquarebarristers.co.uk

Daniel Tatton-Brown QC on Misuse of Confidential Information and Interim Remedies -Littleton Chambers

‘A rogue employee leaving their employer and taking with him confidential information such as a customer or pricing list can potentially cause significant damage to the ex-employer’s business.’

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Littleton Chambers, 12th July 2016

Source: www.littletonchambers.com

Anthony Korn Examines the Potential Implications of Brexit on Employment Law – No. 5 Chambers

Posted July 12th, 2016 in brexit, EC law, employment, news, referendums, treaties by sally

‘One area of law where Brexit may have an impact is employment law.’

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No. 5 Chambers, 1st July 2016

Source: www.no5.com

Father loses right to care for baby son after social services raise alarm over his ‘risky’ use of apps ‘for the purposes of sexual intercourse’ – Daily Telegraph

‘A 29-year-old unemployed man who wanted to care for his baby son has lost a family court fight after social workers complained about him meeting women online for sex.’

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Daily Telegraph, 5th July 2016

Source: www.telegraph.co.uk

Bar chairman warns on post-Brexit practising rights – Legal Futures

‘The ramifications of leaving the European Union are likely to be wide-ranging and could restrict the ability of barristers to practise outside England and Wales, the chairman of the Bar Council has warned.’

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Legal Futures, 6th July 2016

Source: www.legalfutures.co.uk

Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin) – WLR Daily

Alsaifi v Secretary of State for Education [2016] EWHC 1519 (Admin)

‘In August 2013 the appellant was engaged on an hourly paid fixed term contract as a lecturer by a further education establishment. In November 2013 he was suspended from work, pending the outcome of an internal investigation, following a complaint of alleged inappropriate behaviour by the appellant towards a part-time 17-year-old learner in his class. The appellant resigned before the conclusion of the internal disciplinary hearing. In May 2015 allegations of unacceptable professional conduct in relation to the complaint were formally referred to the National College for Teaching and Leadership (“NCTL”) on behalf of the Secretary of State for Education. At that time there was no evidence that the appellant was teaching or engaged to teach anywhere. In February 2016 a professional conduct panel of the NCTL found the appellant guilty of unacceptable professional conduct and recommended that the Secretary of State impose an indefinite prohibition order. The NCTL later became aware that the appellant had worked as a school teacher from January to March 2016, ceasing a few days before he received the prohibition order. ‘

WLR Daily, 29th June 2016

Source: www.iclr.co.uk

Worker protection – does it come from the UK or the EU? – OUP Blog

Posted June 21st, 2016 in EC law, employment, news by sally

‘There have been a number of contradictory claims made by politicians and in the media as to where our employment laws and worker protection come from, and whether they are European or home grown. Which is correct.’

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OUP Blog, 19th June 2016

Source: www.blog.oup.com

EAT: workers must be engaged in ‘principal purpose’ immediately before TUPE transfer – OUT-LAW.com

‘Whether a group of workers consists of an “organised grouping” which will automatically transfer to a new service provider when the work that they do is taken over by that provider will depend on their activities “immediately before” the transfer, the Employment Appeal Tribunal (EAT) has confirmed.’

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OUT-LAW.com, 17th June 2016

Source: www.out-law.com

Employment tribunal fees ‘will deny workers justice’ – The Independent

‘Workers unfairly dismissed by their employers are being denied access to justice because of new Government court fees, a cross party committee of MPs has warned. Since the new employment tribunal fees were introduced in 2013 there has been a “precipitate drop” of almost 70 per cent in the number of cases being brought, the Commons Justice committee said. It can now cost as much as £1,200 simply to bring a claim.’

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The Independent, 20th June 2016

Source: www.independent.co.uk

Court finds UK gangmaster liable for modern slavery victims – The Guardian

‘A British company has been found liable for the first time for victims of modern slavery in a landmark high court judgment.’

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The Guardian, 10th June 2016

Source: www.guardian.co.uk

Sarah McClay death: South Lakes Safari Zoo fined – BBC News

Posted June 13th, 2016 in animals, costs, employment, fines, guilty pleas, health & safety, inquests, news, sentencing by sally

‘A zoo where a keeper was mauled to death by a tiger has been fined for health and safety breaches.’

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BBC News, 10th June 2016

Source: www.bbc.co.uk

Cavanagh and others v Secretary of State for Work and Pensions – WLR Daily

Cavanagh and others v Secretary of State for Work and Pensions [2016] EWHC 1136 (QB)

The first and second claimant employees were, it was assumed for present purposes, employed by the defendant employer under civil service terms and conditions and various collective agreements. Under “check-off arrangements” in the employer’s deductions from pay policy, the employees had opted for their subscriptions to the third claimant trade union to be paid by deduction from their salary and paid by the employer to the union. Latterly the check-off arrangements had been included in the employer’s salary policy published on the staff intranet. When the employer ended the check-off arrangements, the claimants brought a claim against it, contending that the employees had a contractual right to insist that the employer continue with the arrangement enforceable by the trade union under the Contracts (Rights of Third Parties) Act 1999.

WLR Daily, 13th May 2016

Source: www.iclr.co.uk

Fiduciary Duties, Football, and the Fundamental Importance of the Contractual Relationship – Sports Law Bulletin

‘Can a senior employee be ordered to pay back his past contractual remuneration to his employer as a remedy for breach of fiduciary duty, in particular a duty to confess his own wrongdoing? There has been an increasing trend over the past few years for employers, outraged at the belatedly discovered wrongdoing of a trusted senior employee, to not only seek to justify summary dismissal on the basis of after-discovered gross misconduct but also to go a step further and try to recover the salaries or bonuses already paid to the employee prior to discovery of the misconduct.’

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Sports Law Bulletin, 7th June 2016

Source: www.sportslawbulletin.org

High heels row: Inquiry launched by MPs following petition – BBC News

Posted June 9th, 2016 in employment, inquiries, news, parliament, sex discrimination, women by sally

‘Women who have been made to wear high heels at work are being invited to share their experiences with MPs, as part of a new inquiry.’

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BBC News, 9th June 2016

Source: www.bbc.co.uk

Filling the void: the Brexit effect on employment law – OUP Blog

‘Having been cast as unnecessary “red tape”, a burden on business, inflexible, uncompetitive and inefficient, it is widely assumed that a sizeable number of domestic employment laws derived from European Law will be in the firing line in the event of a Brexit. In a well-publicised written opinion produced for the TUC, the leading labour law barrister, Michael Ford QC, has provided some support for this assumption. He noted the vulnerability of these EU-derived employment rights and labour laws, and divided and categorised them according to whether a future UK government would be likely to repeal, dilute or preserve them. In this blog, I will probe what might fill any void created by the removal of employment rights rooted in EU law. Surprisingly, the common law would appear to have as significant a role to play as domestic legislation in this context. The potential involvement of the common law is somewhat paradoxical, particularly in light of its perceived ‘undemocratic’ credentials, it being a source of law crafted incrementally by unelected judges.’

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OUP Blog, 7th June 2016

Source: www.blog.oup.com

New immigration requirements will impose ‘very heavy burdens’ on licensing authorities, says expert – OUT-LAW.com

Posted June 6th, 2016 in employment, immigration, licensing, news, taxis by sally

‘Local licensing authorities will face substantial administrative burdens once new immigration laws come into force, an expert has said.’

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OUT-LAW.com, 6th June 2016

Source: www.out-law.com

Winners and Losers in the Permanent Health Insurance Game – Henderson Chambers

Posted June 2nd, 2016 in employment, health, insurance, news, redundancy by sally

‘Permanent health insurance (PHI), also and probably more accurately known or described as Income Protection Insurance (IPI), can solve the problem of income protection when an employee is ill for a period beyond that where income is directly maintained by the employer. The employee has time to recover and the employer is relieved of the expense of paying the non-productive employee. But it is not always a Win-Win situation, particularly where there comes a parting of the ways between employer and employee.’

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Henderson Chambers, 31st March 2016

Source: www.hendersonchambers.co.uk

Senior EU lawyer backs workplace ban on Muslim headscarves – The Guardian

‘Companies should be free to ban Muslim women from wearing headscarves at work if they have a general policy barring all religious and political symbols, a senior EU lawyer has said.’

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The Guardian, 31st May 2016

Source: www.guardian.co.uk

NHSLA ordered to pay indemnity costs for surveillance video “ambush” – Litigation Futures

‘The NHS Litigation Authority (NHSLA) has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated.’

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Litigation Futures, 16th May 2016

Source: www.litigationfutures.com

UK has one of worst records for gender equality at work – report – The Guardian

Posted May 18th, 2016 in employment, equality, gender, news, remuneration, sex discrimination, statistics by tracey

‘Researchers rank Britain 11th out of 18 countries, including US, France and Spain, for factors such as pay and board level representation.’

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The Guardian, 18th May 2016

Source: www.guardian.co.uk