Employer had no property claim in its emails or their contents: (1) Capita Plc, (2) Capita Property & Infrastructure Ltd v Darch & Others – Blackstone Chambers

Posted October 20th, 2017 in disclosure, electronic mail, employment, human rights, news, privacy by sally

‘The High Court held that an employer did not have a claim to property in emails or the contents of emails (not limited to those concerning business matters) that were sent by employees from the employer’s email accounts.’

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Blackstone Chambers, 4th October 2017

Source: www.employeecompetition.com

A Guide to using Statistics in Employment and Equality Litigation – Cloisters

‘Numbers can be anathema to many lawyers. Yet statistics are a useful weapon in the litigation armoury. This week the Government released its Race Disparity Audit which provides a wealth of such statistics and is a timely reminder of the role that they can play in litigation. Tom Gillie discusses three recent examples of how statistics can be used to advance successful arguments in employment litigation and broader equality context, for example, in relation to the provision of goods, facilities and services.’

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Cloisters, 12th October 2017

Source: www.cloisters.com

‘Absolutely unacceptable’: UK accused of failing to protect domestic workers – The Guardian

Posted October 20th, 2017 in employment, forced labour, news, trafficking in human beings, visas by sally

‘Campaigners have warned that thousands of foreign domestic workers remain enslaved behind the closed doors of some of Britain’s wealthiest neighbourhoods after the government failed to implement safeguards designed to protect them from abusive and exploitative employers.’

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The Guardian, 19th October 2017

Source: www.theguardian.com

Judge sues over lack of whistleblowing protection – The Guardian

Posted October 19th, 2017 in appeals, employment, human rights, judges, news, whistleblowers by sally

‘A judge who has spoken out over the impact of austerity on the justice system has taken a test whistleblowing case to the appeal court.’

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The Guardian, 18th October 2017

Source: www.theguardian.com

UK gender inequality as bad as 10 years ago, EU league table shows – The Guardian

Posted October 12th, 2017 in education, employment, equality, gender, news, reports, sex discrimination by sally

‘Britain has made zero progress in tackling inequality between the sexes in the past decade and lags behind Sweden, Denmark, Finland, the Netherlands and France in the EU’s latest gender equality league table.’

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The Guardian, 11th October 2017

Source: www.theguardian.com

Asda equal pay case: The landmark legal battle that could stop women in the UK being paid less than men – The Independent

‘The latest hearing in the UK’s largest ever private sector equal pay claim is due to kick off on Wednesday, in a case that could eventually see around 15,000 predominantly female Asda workers recovering well over £100m in pay.’

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The Independent, 10th October 2017

Source: www.independent.co.uk

Foster carer fights for workers’ rights – BBC News

‘A foster carer is launching a legal claim to argue for workers’ rights for people in her role.’

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BBC News, 9th October 2017

Source: www.bbc.co.uk

Strike law reforms mean unions pursuing ‘winter of discontent’ risk consequences, says expert – OUT-LAW.com

Posted September 27th, 2017 in employment, industrial action, news, trade unions by sally

‘Changes to industrial relations law mean trade unions are facing a very different legal landscape from the “winter of discontent” 40 years ago, despite recent threats of illegal strike action over public sector pay.’

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OUT-LAW.com, 26th September 2017

Source: www.out-law.com

Uber appeals over tribunal ruling giving drivers benefits – BBC News

Posted September 27th, 2017 in appeals, employment, holiday pay, internet, news, self-employment, statutory sick pay, taxis by sally

‘An appeal by Uber against a ruling that its drivers are entitled to benefits such as holiday pay is due to be heard at an Employment Appeals Tribunal.’

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BBC News, 27th September 2017

Source: www.bbc.co.uk

Addison Lee wrongly classed drivers as self-employed, tribunal rules – The Guardian

Posted September 26th, 2017 in employment, employment tribunals, holiday pay, news, self-employment, taxis by sally

‘Drivers for London-based minicab company Addison Lee could be owed wages and holiday pay after an employment tribunal test case found that some had been wrongly classed as self-employed.’

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The Guardian, 25th September 2017

Source: www.theguardian.com

UK legal claims grow over exposure at work to toxic diesel fumes – The Guardian

‘Legal claims over exposure to diesel exhaust fumes at work are growing as unions warn toxic air in the workplace is a ticking time bomb on a par with asbestos.’

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The Guardian, 16th September 2017

Source: www.theguardian.com

Pensions Regulator launches landmark prosecution over auto-enrolment – OUT-LAW.com

Posted September 12th, 2017 in employment, news, pensions, prosecutions by sally

‘A bus company that allegedly deliberately avoided enrolling staff into a workplace pension scheme is being prosecuted by the UK’s Pensions Regulator.’

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OUT-LAW.com, 12th September 2017

Source: www.out-law.com

Slavery checks not fit for purpose at UK firms, report says – BBC News

Posted September 11th, 2017 in employment, forced labour, news, reports, trafficking in human beings by sally

‘UK businesses are running the risk of employing forced labour because they do not know enough about their staff, researchers have warned.’

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BBC News, 11th September 2017

Source: www.bbc.co.uk

Paralegal wins employment tribunal claim for £14,000 bonus from personal injury firm – Legal Futures

Posted September 5th, 2017 in contracts, employment, employment tribunals, law firms, news, paralegals by sally

‘A paralegal employed by a personal injury firm under an oral contract was entitled to a bonus payment worth almost £14,000, an employment tribunal has ruled.’

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Legal Futures, 5th September 2017

Source: www.legalfutures.co.uk

Your employment rights could be put at risk through Brexit. Here’s why – The Guardian

Posted September 4th, 2017 in bills, brexit, EC law, employment, holiday pay, news by sally

‘Part-time and agency workers and those facing redundancy are already targeted by bosses – and the EU withdrawal bill could make them more vulnerable.’

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The Guardian, 3rd September 2017

Source: www.theguardian.com

Unite asks barrister to examine worker blacklisting collusion claims – The Guardian

Posted August 30th, 2017 in construction industry, employment, news, reports, trade unions by sally

‘Britain’s biggest trade union has commissioned a barrister to examine allegations that union officials colluded with a covert blacklisting operation financed by major firms to prevent certain workers from being employed.’

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The Guardian, 29th August 2017

Source: www.theguardian.com

Discrimination Update – 11KBW

‘Almost everyone has an immediate intuitive understanding of direct discrimination. That is not to say that there are no difficult cases, but the core concept is easily grasped. Imagine an employer with an express policy of refusing to employ women. In a case of that sort the discrimination is obvious. To use the language of Equality Act 2010, s. 13, the employer treats women less favourably because of their sex. The reason for the simplicity of direct discrimination is that it usually needs no context for the discriminatory impact of the criterion to be apparent. The criterion is inherently discriminatory.’

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11KBW, 10th August 2017

Source: www.11kbw.com

The Modern Slavery Act 2015 – 11 KBW

Posted August 22nd, 2017 in employment, legislation, news, trafficking in human beings by sally

‘The Modern Slavery Act 2015 (“MSA”) came into force on 29 October 2015. It seeks to address the growing scourge of forced labour and human trafficking within these shores. It does so by creating various criminal offences in relation to holding another person in
slavery or servitude or requiring them to perform forced labour, and also in relation to the movement of persons with a view to exploiting them. However, MSA also has a broader aim. Part 6 of MSA contains provisions requiring transparency in supply chains. Businesses above a specified level of turnover are required to provide a statement setting out the steps taken in the course of a financial year to ensure that slavery and human trafficking is not taking place in any of its supply chains.’

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11 KBW, 14th August 2017

Source: www.11kbw.com

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

‘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

‘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