‘Defendants in asbestos-related claims should be careful to ensure that compensation paid under the Pneumoconiosis (Workers Compensation) Act 1979 (“the Act”) is properly deducted from a claimant’s damages, before an order for damages is made against them.’
Zenith PI Blog, 13th November 2014
Source: www.zenithpi.wordpress.com
‘Whilst the caselaw suggests that a defence of ‘reasonable practicability’ in an employers liability claim will often be difficult for a Defendant to make out, a recent High Court decision is a reminder that such a defence can succeed in appropriate circumstances.’
Zenith PI Blog, 6th November 2014
Source: www.zenithpi.wordpress.com
‘A High Court judge has dismissed an application by the Treasury and two of its agencies to lift an automatic suspension under the Public Contracts Regulations 1996.’
Local Government Lawyer, 5th November 2014
Source: www.localgovernmentlawyer.co.uk
‘Employers are urging the government to rush through emergency legislation to save thousands of companies from having to pay out hundreds of millions of pounds in backdated holiday pay to up to 5 million people.’
The Guardian, 3rd November 2014
Source: www.guardian.co.uk
‘The amount of enforcement action taken against employers for non-compliance with their automatic enrolment duties rose considerably in September, according to the Pensions Regulator, which has also recently issued its first fines for breaches.’
OUT-LAW.com, 29th October 2014
Source: www.out-law.com
Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373; [2014] WLR (D) 442
‘In considering whether to grant injunctive relief preventing an employee from working for another employer it was critical whether the grant of such relief would be tantamount to compelling the employee to return to work; and the question whether an employee in such a case who refused to return to work was entitled to continuing emoluments was an issue that essentially turned on the facts of the case. There was no rule requiring the employer to give some form of undertaking as to remuneration which went beyond the employer’s obligations under the contract, in order that the employer should be entitled to obtain an injunction.’
WLR Daily, 23rd October 2014
Source: www.iclr.co.uk
McDonald v National Grid Electricity Transmission plc [2014] UKSC 53; [2014] WLR (D) 439
‘The Asbestos Industry Regulations 1931, made under section 79 of the Factory and Workshop Act 1901, were capable of applying where a person who, in the course of employment with a different employer, attended the defendant’s premises, and as a visitor viewed workers carrying on a process of mixing asbestos dust with water to form a paste for lagging work which exposed him to asbestos dust, even though the main business of the premises was not the processing of asbestos or the making of asbestos products.’
WLR Daily, 22nd October 2014
Source: www.iclr.co.uk
‘Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm.’
The Guardian, 22nd October 2014
Source: www.guardian.co.uk
Supreme Court, 22nd October 2014
‘Law changes designed to support Good Samaritans and community heroes yesterday moved a step forward.’
Ministry of Justice, 21st October 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Would an action against employers who were unidentifiable at the time of an initial claim against 8 other employers in 2003 succeed where it was argued that such proceedings were an abuse of process of the court, that there was cause of action estoppel and where the claim was statute barred and required an application under s 33 Limitation Act 1980?’
Zenith PI Blog, 21st October 2014
Source: www.zenithpi.wordpress.com
‘A university did not breach its duty of care towards an employee by beginning disciplinary proceedings against her after what the employee argued was an inadequate investigation, the Court of Appeal in England and Wales has ruled.’
OUT-LAW.com, 16th October 2014
Source: www.out-law.com
‘To many on the left, the use of zero hours contracts represent the logical extension of a form of capitalism that puts profit and flexibility over people and employment rights: a legal metaphor for austerity Britain, with its cuts to public spending, pay day loans and the so called “bedroom tax”.’
Full story
Cloisters, 3rd October 2014
Source: www.cloisters.com
‘“Why didn’t anyone in the know say something about it?” That’s the natural reaction of the public when some shocking new scandal – financial wrongdoing, patient neglect, child abuse – comes to light. The question highlights the role of the whistleblower. He or she can play a vital role in ensuring that something is done about activity which is illegal or dangerous. But the price which the whistleblower pays may be high – ostracism by colleagues, victimisation by the employer, dismissal, informal blacklisting by other employers who fear taking on a “troublemaker”.’
OUP Blog, 11th October 2014
Source: www.blog.oup.com
‘The coroner whose improper appointment of his wife led to the inquest into the death of singer Amy Winehouse being reheard has been sanctioned by the Solicitors Regulation Authority.’
Law Society’s Gazette, 7th October 2014
Source: www.lawgazette.co.uk
Dhunna v CreditSights Ltd: [2014] EWCA Civ 1238; [2014] WLR (D) 404
‘An employee who was working or based abroad at the time of his dismissal did not fall within the territorial jurisdiction of section 94(1) of the Employment Rights Act 1996, which provided for the right not to be unfairly dismissed, or section 10 of the Employment Relations Act 1999, which provided for the right to be accompanied at a disciplinary hearing, subject to the exception that he might fall within that jurisdiction if he had much stronger connections both with Great Britain and with British employment law than with any other system of law. In determining that question a comparison of the merits of the local employment law of the employee’s workplace at the time of his dismissal with that of the employment law applicable in Great Britain was not relevant or required.’
WLR Daily, 19th September 2014
Source: www.iclr.co.uk
‘Harini Iyengar comments on the latest Court of Appeal case on the calculation of damages for a lost career.’
Employment Law Blog, 25th September 2014
Source: www.employment11kbw.com
‘When Lord Hoffmann gave the only substantive judgment of the House of Lords in Lawson v. Serco Ltd [2006] ICR 250 it was no doubt envisaged that the knotty question of territorial jurisdiction of s.94(1) of the Employment Rights Act 1996 (“ERA 1996”)– the right not to be unfairly dismissed – would be resolved once and for all. It was, after all, the first time that their Lordships had considered the question, and they did so unanimously in the context of three co-joined appeals.’
Littleton Chambers, 22nd September 2014
Source: www.littletonchambers.com
‘Caroline Jennings reviews the recent EAT case of Palmer v RBS UKEAT/0083/14 which concerns whether or not a statutory restriction on eligibility for early retirement benefits could amount to age discrimination.’
No. 5 Chambers, 19th September 2014
Source: www.no5.com
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