‘The attorney general’s office is considering whether a website supporting convicted rapist Ched Evans breached contempt of court laws.’
BBC News, 6th January 2014
Source: www.bbc.co.uk
‘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.’
BBC News, 6th January 2014
Source: www.bbc.co.uk
‘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?’
Technology Law Update, 18th December 2014
Source: www.technology-law-blog.co.uk
‘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%).’
Hardwicke Chambers, 11th December 2014
Source: www.hardwicke.co.uk
‘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.’
Littleton Chambers, 8th December 2014
Source: www.littletonchambers.com
‘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.’
The Independent, 5th Decemeber 2014
Source: www.independent.co.uk
‘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.’
Cloisters, 1st December 2014
Source: www.cloisters.com
‘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.’
Littleton Chambers, 1st December 2014
Source: www.littletonchambers.com
‘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
‘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.’
The Independent, 21st November 2014
Source: www.independent.co.uk
‘Once employment protection was focused upon conventional patterns of work – open-ended, regular full-time jobs with a single employer. Our norms have now moved on. Recent developments reflect this. It has never been more important to pinpoint the underlying prerequisites for the existence of a contract of employment.’
Cloisters, 20th November 2014
Source: www.cloisters.com
‘Ahead of this week’s EAT judgment in Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others, employers feared the prospect of crippling retrospective pay claims dating back up to 16 years.’
Cloisters, 7th November 2014
Source: www.cloisters.com
‘Fashions are a feature of so much in life, and employment law is no exception, where for the moment at least: Status is in vogue. In recent years the appellate courts have considered a range of relationships, and been asked to answer the question: what is the legal characterisation of the claimant’s relationship with the respondent? The question is put more specifically in each case; was the claimant an employee, a worker, an office holder, or truly self-employed as an independent provider of services? But this is merely to particularise the general question: what is the claimant’s status?’
Littleton Chambers, 31st October 2014
Source: www.littletonchambers.com
‘The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) have provided a wide range of case law since they came into force. Decisions have often been focused on issues such as what constitutes a relevant transfer or the effect ofinsolvency on a transfer. However, there has been surprisingly little case law which deals with the Regulation 13 TUPE duty to inform and consult and the Regulation 15 TUPE claim to a tribunal for a failure to inform and consult.’
Full story (PDF)
Tanfield Chambers, 16th October 2014
Source: www.tanfieldchambers.co.uk
‘On 6 October 2014, the Government published new guidance on BYOD (‘Bring Your Own Device’) which highlights the fact that allowing employees to use their own technology at work is not just a technical issue that needs to be grappled with by IT departments, but has wide-ranging implications for employers.’
Littleton Chambers, 13th November 2014
Source: www.littletonchambers.com
‘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
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