Category: employment

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Posted February 20th, 2015 in appeals, conflict of laws, diplomats, employment, human rights, immigration, immunity, jurisdiction, law reports, race discrimination, trafficking in human beings by sally

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 32; [2015] WLR (D) 75

‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

Welcome relief – New Law Journal

Posted February 18th, 2015 in appeals, contracts, employment, news, redundancy, sick leave, transfer of undertakings, unfair dismissal by sally

‘Ian Smith reports on basic & immutable problems of employment law that require complex answers.’

Full story

New Law Journal, 17th February 2015

Source: www.newlawjournal.co.uk

Court of Appeal strikes down state immunity rules that prevent embassy employees seeking justice – UK Human Rights Blog

Posted February 16th, 2015 in appeals, EC law, embassies, employment, human rights, immunity, news by sally

‘This judgment concerned the conjoined appeals of Ms. Benkharbouche and Ms. Janah which arose from employment law claims brought against, respectively, the Sudanese and Libyan embassies. Certain of their claims, such as those for unfair dismissal, were founded on domestic law. Others, such as those under the Working Time Regulations 1998, fell within the scope of EU law. All were met with pleas of state immunity under the State Immunity Act 1978.’

Full story

UK Human Rights Blog,

Source: www.ukhumanrightsblog.com

Met agrees final settlement in Carol Howard discrimination case – BBC News

Posted February 16th, 2015 in damages, employment, news, police, race discrimination, racism, sex discrimination, tribunals by sally

‘The Metropolitan Police has agreed a final settlement with an officer it discriminated against.’

Full story

BBC News, 14th February 2015

Source: www.bbc.co.uk

Hanley Broadheath ‘harassed’ vicar at Court of Appeal – BBC News

Posted February 12th, 2015 in appeals, Church of England, clergy, employment, harassment, news, unfair dismissal by sally

‘A vicar who claimed he was the victim of four years of harassment has appeared at the Court of Appeal over whether he has the right to bring an action for unfair dismissal.’

Full story

BBC News, 11th February 2015

Source: www.bbc.co.uk

Graham v Commercial Bodyworks Ltd – WLR Daily

Posted February 11th, 2015 in appeals, employment, fire, law reports, personal injuries, vicarious liability by sally

Graham v Commercial Bodyworks Ltd [2015] EWCA Civ 47; [2015] WLR (D) 50

‘Where an employee, while at work, had perpetrated against his friend and colleague what was apparently intended to be a prank, by putting highly inflammable thinning agent on to his clothes and then igniting them, the employer was not vicariously liable.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

Babes out of the Forest – NearlyLegal

Posted February 4th, 2015 in carers, children, employment, families, homelessness, housing, local government, medical treatment, mental health, news, school children by sally

‘The out of borough temporary accommodation position continues to get worse, with increasing numbers of homeless shipped out of borough (and for London councils, often out of London). London Councils (pace Nzolameso v Westminster CC ) have put the DCLG ‘Supplementary Guidance on the homelessness changes in the Localism Act 2011 and on the Homelessness (Suitability of Accommodation) (England) Order 2012‘ at naught.’

Full story

NearlyLegal, 2nd February 2015

Source: www.nearlylegal.co.uk

Broni v Ministry of Defence; Woof v Ministry of Defence; Barbour v Ministry of Defence – WLR Daily

Posted January 27th, 2015 in armed forces, civil procedure rules, costs, employment, fees, law reports by sally

Broni v Ministry of Defence; Woof v Ministry of Defence; Barbour v Ministry of Defence [2015] EWHC 66 (QB); [2015] WLR (D) 24

‘The words “contract of service” in section 2(1) of the Employers’ Liability (Compulsory Insurance) Act 1969 Act were not to be given a construction broader than their usual meaning. It followed that the claimants, as members of the armed forces, were not “employees” for the purposes of section 2(1) the 1969 Act and the fixed success fee regime for employer’s liability claims, as set out in Section IV of CPR Pt 45 (pre 1 April 2013), did not apply to their claims against the defendant ministry.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

Is the Cart-threshold being set too high? – Garden Court Chambers Blog

Posted January 7th, 2015 in appeals, benefits, employment, equality, judicial review, medical records, mental health, news, tribunals by tracey

‘Desmond Rutledge and Zubier Yazdani consider the hurdles facing welfare benefit claimants seeking to use the Cart test.’

Full story

Garden Court Chambers, Blog, 6th January 2015

Source: www.gclaw.wordpress.com

Ched Evans: Attorney general’s office probe into website – BBC News

Posted January 7th, 2015 in attorney general, contempt of court, employment, internet, news, rape, sentencing, sport, victims by tracey

‘The attorney general’s office is considering whether a website supporting convicted rapist Ched Evans breached contempt of court laws.’

Full story

BBC News, 6th January 2014

Source: www.bbc.co.uk

The legal issues in the Ched Evans case – BBC News

Posted January 7th, 2015 in contracts, Criminal Cases Review Commission, employment, news, probation, rape, rehabilitation, sexual offences, sport, victims by tracey

‘Footballer Ched Evans is still looking for a new club after being released from prison last October, having served half of a five-year sentence for the rape of a 19-year-old woman in a hotel in May 2011.’

Full story

BBC News, 6th January 2014

Source: www.bbc.co.uk

Can offensive use of social media justify a decision to dismiss? – Technology Law Update

Posted December 18th, 2014 in appeals, dismissal, employment, employment tribunals, internet, news by sally

‘Does use by an employee of a personal Twitter account in a way that is “intimidating, racist and anti disability” and “offensive to other groups of people including dentists, caravan drivers, golfers, the A&E department, Newcastle supporters, the police and disabled people” justify a decision to fire?’

Full story

Technology Law Update, 18th December 2014

Source: www.technology-law-blog.co.uk

Managing mental health issues – Hardwicke Chambers

Posted December 11th, 2014 in employment, equality, health, mental health, news, sick leave by sally

‘In 2006, it was estimated that 35% of all GP consultations involved a mental health problem and by 2011 stress had become the most common cause of long-term sickness absence for both manual and non-manual workers. If these figures are not reason enough for employers to address their employees’ mental health issues, there are plenty more statistics that may convince them:

It is estimated that three in ten people will experience a mental health problem in any one year, and this figure is likely to increase.
Work-related stress costs Britain 10.4 million working days per annum, with a disconcerting 91 million days per year lost to mental health problems generally.
The Centre for Mental Health estimates that the total cost of mental health problems at work is over £30 billion a year.
When working long hours, more than a quarter of employees feel depressed (27%), one third feel anxious (34%) and more than half feel irritable (58%).’

Full story

Hardwicke Chambers, 11th December 2014

Source: www.hardwicke.co.uk

Signing a New Contract Does Not Mean Restrictive Covenants Are Binding Absent Proper Consideration – Littleton Chambers

Posted December 11th, 2014 in contract of employment, contracts, employment, news, restrictive covenants by sally

‘Many large employers (particularly those who acquire other businesses over time) are faced with employees (often senior and important employees) on ‘old’ contracts with unenforceable, inappropriate or even no restrictive covenants. Quite aside from the potential difficulties posed by TUPE, remedying that problem often proves difficult in practice, and requires careful management.’

Full story

Littleton Chambers, 8th December 2014

Source: www.littletonchambers.com

Legal aid slashed with no thought for consequences, MoJ chief admits – The Independent

Posted December 8th, 2014 in budgets, debts, employment, families, housing, legal aid, news by sally

‘The legal aid bill is being slashed by £300m without research into the potential effect of the cuts, the most senior civil servant at the Ministry of Justice (MoJ) has admitted.’

Full story

The Independent, 5th Decemeber 2014

Source: www.independent.co.uk

What does Duty of Candour mean for employers? – Cloisters

Posted December 3rd, 2014 in employment, health & safety, medical treatment, news, personal injuries, regulations, whistleblowers by sally

‘So far, commentators have focused on the interplay between clinical negligence law and the Duty of Candour. But the latest requirements also have important repercussions for those in regulated professions such as doctors and nurses and their employment relationships. In this article, we look at steps which employers should now consider in light of the new Duty of Candour.’

Full story

Cloisters, 1st December 2014

Source: www.cloisters.com

Ched Evans: Release, Retribution and Rehabilitation – Littleton Chambers

Posted December 3rd, 2014 in appeals, Criminal Cases Review Commission, employment, news, prisons, rape, rehabilitation, sentencing, sport, victims by sally

‘In April 2012 Ched Evans, the former Wales and Sheffield United striker, was convicted of raping a 19-year-old woman in a hotel room in Rhyl, Denbighshire. It is a shocking and a wholly unacceptable crime for him to have committed.’

Full story

Littleton Chambers, 1st December 2014

Source: www.littletonchambers.com

Speech to the Bar Conference – Nicholas Lavender QC, Chairman of the Bar Council

Posted December 3rd, 2014 in advocacy, barristers, employment, families, family courts, foreign jurisdictions, housing, legal aid, legal history, legal profession, legal services, litigants in person, news, pro bono work, regulations, speeches, trials by sally

Speech to the Bar Conference (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 8th November 2014

Source: www.barcouncil.org.uk

Zero Hours Contracts – No. 5 Chambers

Posted November 27th, 2014 in contract of employment, employment, news by sally

‘A zero hours contract is not a term of legal art although a definition has been attempted in the Small Business, Enterprise and Employment Bill which proposes to insert as S.27A of the Employment Rights Act 1996:
(1) In this section “zero hours contract” means a contract of employment or other worker’s contact under which –
(a) The undertaking to do or perform work is an undertaking to do so conditionally on the employer making work or services available to the worker, and
(b) There is no certainty that any such work or services will be made available to the worker.
(2) For this purpose, an employer makes work or services available to a worker if the employer requests or requires the worker to do the work or perform the services.’

Full story (PDF)

No. 5 Chambers, 14th November 2014

Source: www.no5.com

Employers told to look out for the signs of domestic violence or ‘they could be held liable’ – The Independent

Posted November 24th, 2014 in domestic violence, employment, health & safety, news by sally

‘In the advice from the Government’s health agency, managers will be asked to spot sudden shifts in behaviour, or changes to clothing and appearance which may disguise bruising, and are to be encouraged to approach staff sensitively and offer help.’

Full story

The Independent, 21st November 2014

Source: www.independent.co.uk