Zulhayir v JJ Food Service Ltd – WLR Daily

Zulhayir v JJ Food Service Ltd: [2013] EWCA Civ 1226;   [2013] WLR (D)  396

“For an appeal to succeed on the ground of perversity an overwhelming case had to be made out that the court or tribunal below had reached a decision which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Abercrombie and others v Aga Rangemaster Ltd – WLR Daily

Posted October 16th, 2013 in appeals, employment, guarantees, law reports, remuneration, working time by sally

Abercrombie and others v Aga Rangemaster Ltd [2013] EWCA Civ 1148; [2013] WLR (D) 381

“The question governing liability to make guarantee payments under section 28 of the Employment Rights Act 1996 was whether the employee ‘would normally be required to work [on the day in question] in accordance with his contract of employment’. The fact that an agreement introducing changes to an employee’s working hours was temporary did not prevent the day in question remaining ‘normally’ a working day.”

WLR Daily, 11th October 2013

Source: www.iclr.co.uk

The Right to Pray and Work – No. 5 Chambers

Posted October 15th, 2013 in employment, Islam, news, religious discrimination by sally

“Recently I represented a white muslim convert lady to Islam in a claim of direct and indirect religious discrimination under the Employment Equality (Religion or Belief) Regulations 2003. The Direct Discrimination claim was that she was treated less favourably as a muslim in not being provided with uninterrupted breaks. The indirect discrimination claim was wider.”

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No. 5 Chambers, 14th October 2013

Source: www.no5.com

Footballers and employment law – Law Society’s Gazette

Posted October 15th, 2013 in contract of employment, employment, news, sport by sally

“A recent spate of public vocal exchanges within the game could be about to raise a number of interesting employment law issues.”

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Law Society’s Gazette, 11th October 2013

Source: www.lawgazette.co.uk

Employers could be penalised by tribunals for breaches of workers’ rights where there are “aggravating features”, BIS confirms – OUT-LAW.com

Posted October 11th, 2013 in employment, employment tribunals, news, penalties by sally

“The Government has confirmed its intention to give employment tribunals the power to impose financial penalties on employers where they breach a worker’s rights and there are ‘aggravating features’.”

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OUT-LAW.com, 10th October 2013

Source: www.out-law.com

Haunted by one’s past – yet another criminal records case – Panopticon

Posted October 11th, 2013 in criminal records, disclosure, employment, news, taxis by sally

“As I mentioned in my post last week, the case of T v Secretary of State for the Home Department, which concerns the legality of the current CRB regime, is shortly to be considered by the Supreme Court. The issue in T is whether the blanket requirement that criminal convictions and cautions must be disclosed in the context of an enhanced criminal record check (“ECRC”) undertaken for the purposes of certain types of employment (particularly employment with children or vulnerable adults), even though they are spent, is Article 8 compliant.”

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Panopticon, 10th October 2013

Source: www.panopticonblog.com

Construction firms to compensate workers whose names were on blacklist – The Guardian

“Major construction companies are to compensate workers whose names were on a secret industry blacklist. The dramatic development follows years of campaigning by unions after it was discovered that more than 3,200 names, mainly of building workers, were kept on the list, drawn up by a shadowy organisation called the Consulting Association.”

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The Guardian, 10th October 2013

Source: www.guardian.co.uk

Charter for rogue bosses’ comes into force – Litigation Futures

Posted October 2nd, 2013 in employment, health & safety, negligence, news, personal injuries, strict liability by tracey

“The controversial section 69 of the Enterprise and Regulatory Reform Act 2013 – which removes strict liability for breaches of certain health and safety regulations – has come into force today.”

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Litigation Futures, 1st October 2013

Source: www.litigationfutures.com

Dansk Jurist-og Økonomforbund (acting on behalf of Toftgaard) v Indenrigs-og Sundhedsministeriet (Centralorganisationernes Fællesudvalg and others intervening) – WLR Daily

Posted October 1st, 2013 in age discrimination, civil servants, EC law, employment, law reports, redundancy by sally

Dansk Jurist-og Økonomforbund (acting on behalf of Toftgaard) v Indenrigs-og Sundhedsministeriet (Centralorganisationernes Fællesudvalg and others intervening) (Case C-546/11); [2013] WLR (D) 360

“Article 6(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment applied only to retirement or invalidity benefits under an occupational social security scheme.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

HK Danmark (acting on behalf of Kristensen) v Experian A/S (Beskæftigelsesministeriet intervening) – WLR Daily

Posted October 1st, 2013 in age discrimination, EC law, employment, law reports, pensions by sally

HK Danmark (acting on behalf of Kristensen) v Experian A/S (Beskæftigelsesministeriet intervening) (Case C-476/11); [2013] WLR (D) 359

“The principle of non-discrimination on grounds of age, enshrined in article 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and, in particular, articles 2 and 6(1) of that Directive, did not preclude an occupational pension scheme under which an employer paid, as part of pay, pension contributions which increased with age, provided that the difference in treatment on grounds of age that arose therefrom was appropriate and necessary to achieve a legitimate aim.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Experts welcome OFT’s workplace pension reforms, but low contributions remain the real challenge – OUT-LAW.com

Posted September 20th, 2013 in competition, employment, news, pensions, reports by sally

“Low contributions remain the ‘real obstacle’ to the success of the Government’s workplace pension scheme reforms following the Office of Fair Trading’s (OFT’s) review of the defined contribution (DC) pensions market, an expert has said.”

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OUT-LAW.com, 19th September 2013

Source: www.out-law.com

Termination or Mutual Separation? – No. 5 Chambers

Posted September 19th, 2013 in contract of employment, employment, employment tribunals, news, redundancy by sally

“Louise Corfield looks at what happens when decisions to terminate an employee overlap with a mutual separation.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

CCTV in Employment Tribunal Proceedings – No. 5 Chambers

“Caroline Jennings explores the use of CCTV as evidence in the Employment Tribunal.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

Agency Worker Regulations – Watch This Space – No. 5 Chambers

Posted September 19th, 2013 in contract of employment, employment, news, regulations, trade unions by sally

“Russell Holland looks at the recent concerns raised by the TUC in relation to the Agency Worker Regulations.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

Equal Pay Claims and the ‘Same Employment’ Test – No. 5 Chambers

Posted September 19th, 2013 in employment, equal pay, news by sally

“Fatim Kurji considers the meaning of ‘same employment’ within the Equal Pay legislation.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

Cautionary Note for Employers – Victimisation – No. 5 Chambers

Posted September 19th, 2013 in appeals, employment, employment tribunals, news, victimisation by sally

“The recent unreported decision of the EAT in Woodhouse v West North West Homes Ltd 2013 UKEAT 0007_12_0506 is likely to limit the extent to which employers can draw a parallel with the case of Martin v Devonshire Solicitors [2011] ICR 352 when dealing with serial complainants/litigants on a proscribed ground.”

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No. 5 Chambers, 16th September 2013

Source: www.no5.com

Whistleblowers – BBC Unreliable Evidence

Posted September 19th, 2013 in employment, news, whistleblowers by sally

“Clive Anderson’s guests call for new laws both to encourage employees to report criminal behaviour and malpractice in their organisations and to protect them if they blow the whistle.”

Listen

BBC Unreliable Evidence, 18th September 2013

Source: www.bbc.co.uk

Minister orders review of guidelines for health workers wearing full-face veils – The Guardian

Posted September 19th, 2013 in doctors, employment, freedom of expression, health, Islam, news, nurses, women by sally

“A review is being launched into health service guidelines on full-face veils to ensure that patients always have ‘appropriate face-to-face contact’, it has emerged.”

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The Guardian, 19th September 2013

Source: www.guardian.co.uk

Moonlighting midwife Samantha Thomas guilty of fraud – BBC News

Posted September 17th, 2013 in employment, fraud, midwives, news by sally

“A midwife has been found guilty of fraud after cheating the NHS out of hundreds of pounds while moonlighting in two other jobs.”

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BBC News, 16th September 2013

Source: www.bbc.co.uk

Unpaid intern who sued Sony awarded £4,600

Posted September 3rd, 2013 in employment, minimum wage, news, volunteers by sally

“An intern at Sony has reached a £4,600 settlement with the company after suing for unpaid wages.”

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The Independent, 2nd September 2013

Source: www.independent.co.uk