‘Personal injury specialists have long awaited clear guidance on how the changes effected by Section 69 of the Enterprise and Regulatory Reform Act 2013 will be interpreted by the courts.’
Zenith PI Blog, 2nd October 2015
Source: www.zenithpi.wordpress.com
‘FOCUS The EU’s highest court has ruled that the time those with no fixed place of work spend travelling between home and their first and last places of work each day counts as “woking time” – but this does not necessarily entitle them to extra pay.’
OUT-LAW.com, 11th September 2015
Source: www.out-law.com
‘The European Court of Justice (“the ECJ”) has now given judgment in Federacion de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security Case C-266/14 consistent with the Advocate General’s opinion, on which James Goudie QC blogged recently. For peripatetic or mobile workers (who do not have a fixed or habitual workplace) time spent travelling from home to the first appointment and from the last appointment back home counts as working time under EU law. The judgment has very significant implications for employers whose workforce includes, for example, home care staff, gas fitters, and sales teams.’
Employment Law Blog, 14th September 2015
Source: www.employment11kbw.com
‘The job of a telecoms engineer on long-term sick leave with little prospect of returning to work did not transfer to a new employer as he was not “assigned” to the team when the team he worked as a part of was transferred to another service provider, the Employment Appeal Tribunal (EAT) has confirmed.’
OUT-LAW.com, 7th September 2015
Source: www.out-law.com
‘Almost all of the 200 “fit for work“ test appeals undertaken by a student volunteer project have been won, providing more evidence of the unreliability of the government’s controversial work capability assessment (WCA).’
Full story
The Guardian, 2nd September 2015
Source: www.guardian.co.uk
‘UNISON’s case against the government’s introduction of employment tribunal fees could be heading for the UK’s highest court after the Court of Appeal rejected the union’s legal challenge to the policy.’
OUT-LAW.com, 28th August 2015
Source: www.out-law.com
‘Employers who fail to pay the new “national living wage” face increased fines under a crackdown on non-compliance announced by David Cameron.’
The Guardian, 1st September 2015
Source: www.guardian.co.uk
‘Businesses that continually employ workers who are in the UK illegally could be closed for up to 48 hours while border officials investigate under new measures put forward by the government.’
OUT-LAW.com, 27th August 2015
Source: www.out-law.com
‘In 2009, the Claimant had been in the army and his role was as a HGV driver. He had been taking part in a field exercise in freezing weather and snow for six days having been provided with unsatisfactory footwear. The Claimant suffered a non-freezing cold injury to his feet. Despite treatment he still suffered symptoms in cold weather but was assessed as fit for service. The Claimant obtained an early termination of military service in 2011 because of family commitments. Due to the ongoing symptoms in his feet he issued a claim for damages against the MOD. Liability was agreed at 75% but the parties could not agree quantum.’
Zenith PI Blog, 31st July 2015
Source: www.zenithpi.wordpress.com
‘Gillingham and their chairman, Paul Scally, have each been fined £75,000 for “race victimisation” relating to the departure of the striker Mark McCammon in 2011.’
The Guardian, 31st July 2015
Source: www.guardian.co.uk
‘Uber, the taxi-app firm, is facing legal action over whether it affords its drivers basic rights and treats them as employees rather than “partners” or “contractors”.’
The Guardian, 29th July 2015
Source: www.guardian.co.uk
‘Not everything that may be interesting to the public is likely to be ‘in the public interest’. But is that a commonly held or understood view? Does the retention of a subjective test in s.43B(1) of the Employment Rights Act 1996 (detriment due to the making of a ‘public interest’ disclosure) mean that the purpose of the 2013 amendment to that section will not always achieve the intended aim?’
Full story
No. 5 Chambers, 30th July 2015
Source: www.no5.com
‘How employers or organisations can request DBS checks for potential employees.’
Home Office, 14th July 2015
Source: www.gov.uk/home-office
‘Sainsbury’s is facing legal action from four female shopfloor workers who claim they are paid less than men to do equally valuable jobs at the supermarket chain.
The case, which will be the subject of a preliminary hearing at a Birmingham employment tribunal on Friday, comes as a similar legal action involving 6,000 female Asda employees remains to be settled.’
The Guardian, 9th July 2015
Source: www.guardian.co.uk
‘Former local interpreters who risked their lives working for the British military in Afghanistan have lost their high court challenge to a government assistance scheme they say unlawfully discriminates against them.’
The Guardian, 8th July 2015
Source: www.guardian.co.uk
‘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
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