employment – Page 64 – Current Awareness

Gomes Viana Novo and others v Fundo de Garantia Salarial IP (Wage Guarantee Fund) – WLR Daily

Posted December 4th, 2013 in EC law, employment, enforcement, insolvency, law reports, remuneration by sally

Gomes Viana Novo and others v Fundo de Garantia Salarial IP (Wage Guarantee Fund) (Case C‑309/12); [2013] WLR (D) 465

‘Council Directive 80/987/EEC of 20 October 1980 relating to the protection of employees in the event of the insolvency of their employer (as amended by Parliament and Council Directive 2002/74/EC of 23 September 2002) did not preclude national legislation which did not guarantee wage claims falling due more than six months before the commencement of an action seeking a declaration that the employer was insolvent, even where the workers initiated, prior to the start of that period, legal proceedings against their employer with a view to obtaining a determination of the amount of those claims and an enforcement order to recover those sums.’

WLR Daily, 28th November 2013

Source: www.iclr.co.uk

Sitting in the garden may be pleasant but it’s no holiday – Hardwicke Chambers

Posted December 3rd, 2013 in competition, constructive dismissal, contract of employment, employment, injunctions, news by sally

‘For a case about garden leave, the apparently aptly named (the irony comes later) employee was a Mr Holliday. He is a stockbroker. On 5 July 2013 he gave notice to his employers that he was intending to leave to join a competitor. On 10 July 2013 he was placed on garden leave. The contract under which he worked had been amended in 2008. It provided for 12 months garden leave on notice to terminate being given. At the same time, his salary was tripled from £40,000 to £120,000 per year. He had an exit interview on 29 July 2013, the purpose of which was to ensure he understood the conditions of his garden leave.’

Full story

Hardwicke Chambers, 22nd November 2013

Source: www.hardwicke.co.uk

New fathers win right to share a year of parental leave – The Guardian

Posted November 29th, 2013 in employment, news, parental rights by sally

“Men are too often mocked in the work place for wanting to go part time or leaving early to pick up their children, the Liberal Democrat equalities minister has said, as she announced detailed plans for new mums and dads to share a year of parental leave after the birth of a child.”

Full story

The Guardian, 29th November 2013

Source: www.guardian.co.uk

ETO Exception Established under TUPE despite the “Subjective Fact-Intensive Analysis” Still Required – Employment Law Blog

Posted November 28th, 2013 in appeals, defences, employment, news, regulations, transfer of undertakings by tracey

‘Harini Iyengar considers the Court of Appeal’s (“CA”) latest analysis of the Economic Technical or Organisational Reason Exception (“ETO”) under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and the tension between the employment regime and the insolvency regime.’

Full story

Employment Law Blog, 27th November 2013

Source: www.employment11kbw.com

EU migrants: David Cameron sets out more benefit restrictions – The Guardian

Posted November 27th, 2013 in benefits, bills, EC law, employment, enforcement, fines, housing, immigration, news, statistics by tracey

‘David Cameron made a fresh effort to assuage public concern about a wave of migration from Bulgaria and Romania on Tuesday when he announced a series of benefit restrictions on all EU migrant workers, including a ban on access to housing benefit for all new arrivals and a three-month ban before jobseeker’s allowance can be claimed.’

Full story

The Guardian, 27th November 2013

Source: www.guardian.co.uk

Disclosure and Barring Service: criminal record checks and referrals – Home Office

Posted November 25th, 2013 in criminal records, employment, press releases, vetting by tracey

‘Disclosure and Barring Service: criminal record checks and referrals – guidance.’

Full guidance

Home Office, 25th November 2013

Source: www.gov.uk/home-office

Dress Codes And Discrimination Claims – No. 5 Chambers

Posted November 19th, 2013 in employment, freedom of expression, health & safety, news, race discrimination, religious discrimination, sex discrimination, women by sally

“Dress codes in the workplace are not uncommon. Most Employers have a certain standard of dress in the workplace, whether enforced through contractual terms or through customary practices. More recently, we have seen informal advice given by senior solicitors to new female recruits at Berwin Leighton. The advice was addressed specifically at women.”

Full story

No. 5 Chambers, 7th November 2013

Source: www.no5.com

Garden Leave and Gandhi – Littleton Chambers

Posted November 19th, 2013 in constructive dismissal, contract of employment, employment, injunctions, news by sally

“One of the mysteries of garden leave is why this area of jurisprudence exists at all. At least from the perspective of this self-employed, occasionally indolent barrister – for whom paid holidays are an unrealisable dream – the prospect of being paid (often a substantial salary) for months on end to do nothing sounds too good to be true. What’s not to like?”

Full story

Littleton Chambers, 11th November 2013

Source: www.littletonchambers.com

Kavanagh and others v Crystal Palace FC Ltd and another – WLR Daily

Posted November 18th, 2013 in administrators, appeals, employment, law reports, sport, transfer of undertakings, unfair dismissal by sally

Kavanagh and others v Crystal Palace FC Ltd and another [2013] EWCA Civ 1410; [2013] WLR (D) 436

“Where, because of the unique features pertaining to the financial affairs of a failing football club, there were even stronger reasons than usual for averting liquidation, an administrator who needed to reduce the wage bill in order to continue running the business and to avoid liquidation had a permissible economic reason for dismissing employees where the ultimate objective remained the early sale of the club.”

WLR Daily, 13th November 2013

Source: www.iclr.co.uk

Mental impairment. How does the employer know? Cox v Essex County Fire and Rescue Service – 13 KBW Employment

Posted November 18th, 2013 in disability discrimination, disabled persons, dismissal, employment, employment tribunals, equality, mental health, news by sally

“When facing a reasonable adjustments claim one of the first lines of defence for an employer is knowledge. An employer can avail itself of the defence of lack of knowledge of the disability (s.20 of Sch 8 of the Equality Act 2010) if it did not know, and could not reasonably have been expected to know, that the person had a disability. The defence is an impenetrable shield and often forms a key battleground at trial.”

Full story

13 KBW Employment, 18th November 2013

Source: www.13kbwemployment.wordpress.com

McDonald v Department for Communities and Local Government and another – WLR Daily

Posted November 14th, 2013 in appeals, asbestos, employment, law reports by tracey

McDonald v Department for Communities and Local Government and another [2013] EWCA Civ 1346: [2013] WLR (D) 431

“A person who in the course of his employment visited the premises of another employer where a process was carried on giving off dust or fumes likely to be injurious through inhalation was not a person employed, within the meaning of section 47(1) of the Factories Act 1937, in connection with the process carried on in those premises so as to come within the protection afforded by the section.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

‘Unpalatable’ John McCririck loses his age discrimination case against Channel 4 – Daily Telegraph

Posted November 14th, 2013 in age discrimination, employment, employment tribunals, media, news by tracey

“Horse racing pundit John McCririck loses his age discrimination case against Channel 4 after tribunal rules he was ‘unpalatable to a wider potential audience. ‘ ”

Full story

Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily

Posted November 1st, 2013 in appeals, benefits, employment, forced labour, law reports, social security, Supreme Court by sally

Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] UKSC 68; [2013] WLR (D) 413

“Where a statute required that something be prescribed in delegated legislation, it envisaged that the latter would add something to what was contained in the primary legislation. Therefore the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, purportedly made under section 17A of the Jobseekers Act 1995 which provided for the making of regulations to require claimants in receipt of jobseeker’s allowance to participate in schemes of a ‘prescribed description’, were unlawful because they set up a named scheme without any description over and above what was already in section 17A.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) – Supreme Court

Posted October 31st, 2013 in appeals, benefits, employment, forced labour, human rights, law reports, social security, Supreme Court by michael

R (on the application of Reilly and another) (Respondents) v Secretary of State for Work and Pensions (Appellant) [2013] UKSC 68 (YouTube)

Supreme Court, 30th October 2013

Source: www.youtube.com/user/UKSupremeCourt

Government fail to overturn Poundland work scheme ruling – BBC News

Posted October 31st, 2013 in appeals, employment, human rights, news, social security, Supreme Court by michael

“The government has lost a Supreme Court appeal over a ruling its flagship ‘back to work’ schemes were legally flawed.”

Full story

BBC News, 30th October 2013

Source: www.bbc.co.uk

The Relevance of Health and Safety Regulations After the Enterprise and Regulatory Reform Act 2013 – Zenith Chambers

Posted October 30th, 2013 in accidents, compensation, duty of care, employment, health & safety, negligence, news, regulations by sally

“As a result of EERA 2013 there is no civil liability for breach of the Regulations made
under the Health and Safety at Work Act in accidents that occur on or after the 1st October 2013. However the Regulations remain in force. The key question for all practitioners is how far do they remain relevant to issues of civil liability?”

Full story (PDF)

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

Too Many Law Students, Not Enough Jobs? – BBC Law in Action

Posted October 30th, 2013 in employment, legal education, legal profession, news by sally

“Joshua Rozenberg investigates claims that too many students are training to be lawyers in a time when jobs in the legal profession are scarce.”

Listen

BBC Law in Action, 29th October 2013

Source: www.bbc.co.uk

Supreme court to make final ruling on Poundland case – The Guardian

Posted October 30th, 2013 in appeals, benefits, conspiracy, employment, human rights, judicial review, news, parliament, Supreme Court by sally

“The UK supreme court will hand down judgment on Wednesday morning in what is expected to be the final chapter in a long-running dispute between the Department of Work and Pensions and former jobseeker Cait Reilly over the legality of so-called workfare schemes.”

Full story

The Guardian, 30th October 2013

Source: www.guardian.co.uk