‘A fruit farm manager has been jailed for the manslaughter of two workers who died after climbing into a sealed storage unit to collect the best apples for a competition.’
The Guardian, 1st July 2015
Source: www.guardian.co.uk
Essop and others v Home Office (UK Border Agency) [2015] EWCA Civ 609; [2015] WLR (D) 269
‘In order to succeed in claims of indirect discrimination under section 19 of the Equality Act 2010 based upon the protected characteristics of race and/or age the claimants had to prove the nature of the group disadvantage for the purposes of surmounting the section 19(2)(b) hurdle and each claimant had also to prove that he had suffered the same disadvantage for the purposes of surmounting the section 19(2)(c) hurdle.’
WLR Daily, 22nd June 2015
Source: www.iclr.co.uk
‘Migrants who have spent more than five years working in the country will be required to earn £35,000 per year or else face deportation, according to a policy that comes into effect in April next year. The policy, announced in 2012 by British Home Secretary Theresa May, has been criticised this week by the Royal College of Nursing. They predicted chaos in the health service, and urged the Home Office to add nursing to the list of occupations exempt from the rules and reconsider the salary threshold.’
Full story
The Guardian, 24th June 2015
Source: www.guardian.co.uk
‘Andrew Stocker has been found guilty by a jury of gross negligence manslaughter at Winchester Crown Court.’
Crown Prosecution Service, 19th June 2015
Source: www.cps.gov.uk
Ronayne v Liverpool Women’s Hospital NHS Foundation Trust: [2015] EWCA Civ 588; [2015] WLR (D) 263
‘Where a claimant alleged that he suffered psychiatric injury as a secondary party caused by observing in a hospital setting the consequences of clinical negligence, the court was to take into account the fact that a visitor to a hospital would expect to see patients connected to machines and drips and things they would not like to see, was necessarily to a certain degree conditioned as to what to expect and was likely to be warned by medical staff of an impending encounter likely to prove more than ordinarily distressing. Whether an event was “horrifying” for the purposes of such a claim was to be judged by objective standards and by reference to ordinary susceptibility.’
WLR Daily, 17th June 0215
Source: www.iclr.co.uk
‘The Queen’s speech, which announces the Government’s agenda for the next five years, would not be the same without some proposals on immigration reform. We were not let down and the plan of attack will be a new Immigration Bill which will focus on illegal workers, overstayers and rogue employers.’
Halsbury’s Law Exchange, 3rd June 2015
Source: www.halsburyslawexchange.co.uk
‘At common law, an employer who had compensated an employee for exposing him to mesothelioma was only entitled to an indemnity under his liability insurance to the extent of the proportion which the policy period bore to the whole period of the employee’s exposure by the employer but could recover 100% per cent of the defence costs incurred in defending the employee’s claim.
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
Regina (AB) v Chief Constable of Hampshire Constabulary [2015] EWHC 1238 (Admin); [2015] WLR (D) 225
‘While the disclosure by police of non-conviction material to a third party involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the common law empowered the police to disclose relevant information to relevant parties, where it was necessary for police purposes such as the public protection. Moreover, the Data Protection Act 1998 and the relevant statutory and administrative codes, provided a sufficiently clear, accessible and consistent set of rules, so as to prevent arbitrary or abusive interference with an individual’s article 8 rights; such that the disclosure would be in accordance with law.’
WLR Daily, 20th May 2015
Source: www.iclr.co.uk
‘A Jewish woman has won £16,000 damages from a car rental firm after it rejected her job application because her religion prevents her from working on Saturdays.’
Daily Telegraph, 29th May 2015
Source: www.telegraph.co.uk
‘The nightmare scenario. Your co-directors leave and set up a competing business. They lure employees to join them and use your systems and processes to create a copycat product or service. What can you do?’
Technology Law Update, 27th May 2015
Source: www.technology-law-blog.co.uk
‘Comments made by some of the UK’s top judges during a recent ruling appear to signal their reluctance to extend the so-called ‘Fairchild’ exception to the normal rules of causation to cover any more types of damage or injury, an expert has said.’
OUT-LAW.com, 26th May 2015
Source: www.out-law.co.com
‘Legislation that the prime minister, David Cameron, boasted will protect workers on zero-hours contracts has been described as toothless by employment lawyers.’
The Guardian, 26th May 2015
Source: www.guardian.co.uk
‘The Queen’s Speech marks the start of this session of parliament. The address, written by government ministers, is delivered by the Queen and lays out the Government’s agenda for the next year.’
The Independent, 26th May 2015
Source: www.independent.co.uk
‘A former showjumper who stole antiques and art including a Picasso sketch and Ben Nicholson painting from a countess while working as her housekeeper has been jailed for three years.’
The Guardian, 7th May 2015
Source: www.guardian.co.uk
Supreme Court, 29th April 2015
‘Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages?’
Competition Bulletin from Blackstone Chambers, 29th April 2015
Source: www.competitionbulletin.com
‘It is well known that where the management or ownership of property passes from one company to another, the employment of staff engaged in property management or maintenance may transfer with it under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). However, it is not unusual for several different managed service contracts simultaneously to transfer from one contractor to another or for a number of sub-contracted maintenance contracts to be taken in-house by a property management company. A recent case has considered how TUPE applies in these circumstances involving multiple contracts.’
Tanfield Chambers, 27th April 2015
Source: www.tanfieldchambers.co.uk
‘A former member of staff at a school in Merseyside was not entitled to compensation when he was dismissed from his role, as his full-time work as the elected mayor of Liverpool was incompatible with him continuing as an employee, the Employment Appeal Tribunal (EAT) has ruled.’
OUT-LAW.com, 17th April 2015
Source: www.out-law.com
‘In Anderson v Chesterfield High School UKEAT/0206/14/MC, Mr Anderson is currently the elected Mayor of Liverpool. This is an executive post and regarded as full-time. The position carries with it an annual allowance of almost £80,000. He had previously held positions as Councillor of Liverpool City Council, the Leader of the opposition on the Council and ultimately at the time of his election as Mayor, Leader of the Council, which was in effect a full-time post with an annual allowance of approximately £50,000.’
Education Law Blog, 16th April 2015
Source: www.education11kbw.com
‘New rules heralding Scandinavian-style shared parental leave of up to 50 weeks come into force this weekend as concerns continue that many employers are not ready for the “complicated and challenging” changes.’
The Guardian, 3rd April 2015
Source: www.guardian.co.uk
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