Equal Pay Claims and the ‘Same Employment’ Test – No. 5 Chambers
“Fatim Kurji considers the meaning of ‘same employment’ within the Equal Pay legislation.”
No. 5 Chambers, 16th September 2013
Source: www.no5.com
Category: employment
Cautionary Note for Employers – Victimisation – No. 5 Chambers
“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.”
No. 5 Chambers, 16th September 2013
Source: www.no5.com
Whistleblowers – BBC Unreliable Evidence
“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.”
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
“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.”
The Guardian, 19th September 2013
Source: www.guardian.co.uk
Moonlighting midwife Samantha Thomas guilty of fraud – BBC News
“A midwife has been found guilty of fraud after cheating the NHS out of hundreds of pounds while moonlighting in two other jobs.”
BBC News, 16th September 2013
Source: www.bbc.co.uk
Unpaid intern who sued Sony awarded £4,600
“An intern at Sony has reached a £4,600 settlement with the company after suing for unpaid wages.”
The Independent, 2nd September 2013
Source: www.independent.co.uk
Press focus on “zero hours” terminology rather than substance unhelpful, says expert, as Government hints at tighter controls – OUT-LAW.com
“Broad references by the press to ‘zero hours’ employment contracts are unhelpful, as the term is used to refer to a wide variety of contracts that can be used for a number of legitimate business reasons, an expert has said.”
OUT-LAW.com, 22nd August 2013
Source: www.out-law.com
The last gasp for strict liability? – Hardwicke Chambers
“With the Government’s amendment to the Enterprise Bill 2013 due to abolish strict liability in employers’ claims, it seems that certain Courts were ahead of the pack in seeking to mitigate what they saw as the potentially unfair consequence of construing the Regulations too strictly against quasi-employers.”
Hardwicke Chambers, 9th August 2013
Source: www.hardwicke.co.uk
Restrictions on health workers with HIV lifted as ‘outdated’ ban ends – The Guardian
“Surgeons, dentists, midwives and other healthcare workers who have HIV are to be allowed to perform all kinds of procedures on patients, following the lifting of an outdated ban that led in some cases to the loss of careers and livelihoods.”
The Guardian, 15th August 2013
Source: www.guardian.co.uk
Employment law means all workers are equal – wherever they come from – The Guardian
“The only way the law could be changed to allow British workers to receive favourable treatment in the recruitment market would be if the UK unwound its membership of the European Union. Otherwise it would be illegal under the Equality Act to discriminate against Polish workers or any other group from the EU.”
The Guardian, 12th August 2013
Source: www.guardian.co.uk
Legal challenge to zero hours contracts launched against Sports Direct – The Independent
“A legal challenge is being brought against retail giant Sports Direct over the use of zero hours contracts among its staff.”
The Independent, 7th August 2013
Source: www.independent.co.uk
Fox v British Airways plc – WLR Daily
Fox v British Airways plc [2013] EWCA Civ 972; [2013] WLR (D) 330
“Where a claimant could establish liability for unfair dismissal and disability discrimination in respect of his son who had been a member of a company pension scheme and who died shortly after dismissal by the company for medical incapacity, the son’s estate would be entitled to compensation in a sum equivalent to the full amount of the death in service benefit that would have been payable under the scheme if the son had remained in employment at the date of his death.”
WLR Daily, 31st July 2013
Source: www.iclr.co.uk
Are Imams Employees Of Mosques? – No. 5 Chambers
“An Imam performs the duty of offering prayer for the congregation in mosques. Essentially mosques are a centre of community worship where Muslims perform ritual prayer and where historically they also gathered for political, social and cultural functions. The function of the mosque is summarised by the 13th Century jurist Ibn Taymiyah as a place of gathering where prayer was celebrated and where public affairs were conducted. Services connected to marriages or birth are not usually performed inside the mosque. The rites that are important and integral to the function of many churches such as confession, penitence and confirmation do not exist in mosques.”
No. 5 Chambers, 25th July 2013
Source: www.no5.com
Alemo-Herron v Parkwood Leisure Ltd – WLR Daily
Alemo-Herron v Parkwood Leisure Ltd (Case C-426/11); [2013] WLR (D) 288
“Article 3 of Council Directive 2001/23/EC precluded a member state from providing, in the event of a transfer of an undertaking, that dynamic clauses referring to collective agreements negotiated and adopted after the date of transfer were enforceable against the transferee, where that transferee did not have the possibility of participating in the negotiation process of such collective agreements concluded after the date of the transfer.”
WLR Daily, 18th July 2013
Source: www.iclr.co.uk
Beware of the web – New Law Journal
“Employers must get their social media policies in order, say Chris Bryden & Michael Salter.”
New Law Journal, 19th July 2013
Source: www.newlawjournal.co.uk
Home Office asks Supreme Court to make landmark privacy ruling – The Independent
“Government lawyers want to overturn decision that criminal records vetting system breaches human rights.”
The Independent, 14th July 2013
Source: www.independent.co.uk
Euromillions lottery win leaves woman suing colleagues – BBC News
“A mother-to-be is to sue her former workmates because she missed out on a Euromillions jackpot win when she was off work with morning sickness.”
BBC News, 15th July 2013
Source: www.bbc.co.uk
Nicholls v Ladbrokes Betting & Gaming Ltd – WLR Daily
Nicholls v Ladbrokes Betting & Gaming Ltd [2013] EWCA Civ 1963; [2013] WLR (D) 277
“The failure by a betting shop to operate a magnetic lock to prevent a robbery during the hours of darkness was not a sufficient basis for a conclusion of a breach of a duty of care.”
WLR Daily, 11th July 2013
Source: www.iclr.co.uk
A lot of Wonga – Sports Law Bulletin from Blackstone Chambers
“Papiss Cisse’s dispute with Newcastle United Football Club about wearing the official shirt sponsor’s logo raises some important questions for sports lawyers.”
Sports Law Bulletin from Blackstone Chambers, 15th July 2013
Source: www.sportslawbulletin.org
