“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
“Changes to the law that will allow employers to carry out certain negotiations
with employees in relation to termination without those conversations being
admissible in a future unfair dismissal claim will come into force on 29
July.”
OUT-LAW.com, 11th July 2013
Source: www.out-law.com
“A ruling by the High Court has highlighted the need for businesses to operate a ‘clear policy’ on ownership of social media accounts used by staff for business purposes, an expert has said.”
OUT-LAW.com, 11th July 2013
Source: www.out-law.com
“Rogue firms employing illegal immigrants face new £20,000 penalty per illegal worker.”
Home Office, 9th July 2013
Source: www.gov.uk/home-office
“The hypothesis of the second limb of the ‘in the same employment’ test in section 1(6) of the Equal Pay Act 1970 was that the chosen male comparators were to be transferred to do their present jobs in the location where the women claimants worked, while there was no requirement of any real possibility that such a transfer would occur. The question to be answered was whether in the event of such a transfer, however unlikely, the comparators would remain employed on the same or broadly similar terms and conditions to those applicable in their current place of work.”
WLR Daily, 26th June 2013
Source: www.iclr.co.uk
“Dumfries and Galloway -v- North [2013] UKSC 45. Yesterday’s much heralded equal pay ‘victory’ in the Supreme Court (see BBC Report) undoubtedly will be good news for the specific female claimants in the case who seek to vindicate their European Union rights to equal pay.”
UK Human Rights Blog, 27th June 2013
Source: www.ukhumanrightsblog.com
“Employees hired to carry out jobs of equal value need not work in the same
‘establishment’ in order to benefit from protections given to those in the ‘same
employment’ under equal pay law, the UK’s highest court has confirmed.”
OUT-LAW.com, 28th June 2013
Source: www.out-law.com
“The question of when equal pay claimants can rely upon comparators employed at different establishments on common terms and conditions under s.1(6) Equal Pay Act 1970 (and now, s.79(4) Equality Act 2010) has long generated an inordinate amount of heat, not light. A unanimous Supreme Court (Lady Hale giving the single judgment) has now cleared away some of the fog of confusion in North v Dumfries and Galloway Council [2013] IKSC 45. In the process, it has overturned both the EAT and the Court of Session Inner House.”
Employment Law Blog, 27th June 2013
Source: www.employment11kbw.com
“The ERRA is an important piece of legislation, covering maters such as unfair dismissal, health and safety and copyright.”
One Inner Temple Lane, 24th June 2013
Source: www.1itl.com
“The law upon health and safety is becoming ever more punitive. Traditionally it had been considered regulatory rather than penal legislation designed to prevent tragedy not punish transgressors. The maximum penalty under the Health and Safety at Work Act 1974 was a fine proportionate to the means of the offender until very recently. For the first time ever under the Health and Safety Offences Act 2008 an offending employee can face custody of up to two years. We can all generally support the principles of the legislation but the removal of a person’s liberty is so serious that it is imperative that cases are defended with vigour.”
One Inner Temple Lane, 26th June 2013
Source: www.1itl.com
“In the wake of the Edward Snowden disclosures, some fear that changes to UK whistleblowing laws could discourage those here wanting to spill the beans.”
The Guardian, 25th June 2013
Source: www.guardian.co.uk
Riežniece v Zemkopības ministrija and another (Case C-7/12); [2013] WLR (D) 247
“In circumstances where a much higher number of women than men took parental leave, Council Directive 76/207/EEC of 9 February 1976 (as amended) and the Framework Agreement on Parental Leave, contained in the Annex to Council Direction 96/34/EC precluded a situation where (1) as part of an assessment of workers in the context of abolishment of officials’ posts due to national economic difficulties, a worker who had taken parental leave was assessed in his or her absence on the basis of assessment principles and criteria which placed the worker who had taken leave in a less favourable position compared to workers who did not take parental leave; and (2) a female worker who had been transferred to another post at the end of her parental leave following that assessment was dismissed due to the abolishment of that new post, where it was not impossible for the employer to allow her to return to her former post or where the work assigned to her was not equivalent or similar and consistent with her employment contract or employment relationship because, at the time of the transfer, the employer was informed that the new post was due to be abolished.”
WLR Daily, 20th June 2013
Source: www.iclr.co.uk
“Margaret Hodge says government must make clear deals should not stop whistleblowers from speaking out, after NAO report.”
The Guardian, 21st June 2013
Source: www.guardian.co.uk
“The Enterprise and Regulatory Reform Act 2013 [‘ERRA’] received Royal Assent on 25 April 2013, bringing some significant changes to employment law and tribunal procedure. Gemma Roberts highlights the main reforms affecting employment tribunal, ACAS procedure and the changes to whistleblowing; Mugni Islam-Choudhury considers the amendments introduced to the Equality Act 2010.”
No. 5 Chambers, 6th June 2013
Source: www.no5.com
“Employers looking to defend or reintroduce a mandatory retirement age will find ‘very little comfort’ in last week’s decision allowing a law firm to force a partner to retire at 65, an expert has said.”
OUT-LAW.com, 4th June 2013
Source: www.out-law.com
“New rules aimed at ensuring that businesses which employ UK-based workers through offshore structures pay the correct employment taxes have been published for consultation by the Government.”
OUT-LAW.com, 31st May 2013
Source: www.out-law.com
“The Burgundy Book (the Conditions of Service for School Teachers in England and Wales) provides that a teacher is entitled to full pay where her ‘absence was due to an infectious or contagious illness contracted directly in the course of the teacher’s employment’, and that ‘such absence was not be reckoned against the teacher’s entitlement to sick leave’.”
Employment Law Blog, 30th May 2013
Source: www.employment11kbw.com
“Tens of thousands of workers who were denied the minimum wage have received hundreds of pounds in back pay from their employers following tougher enforcement policy by tax inspectors. Over the last year more than 26,000 workers were paid back £4m after action by HM Revenue and Customs, who are responsible for enforcing minimum wage laws.”
The Guardian, 30th May 2013
Source: www.guardian.co.uk
“The enactment of the Public Interest Disclosure Act 1998 (“PIDA”) was designed to introduce important protection for those blowing the whistle to draw attention to wrongdoing discovered in the workplace. During the passage of the Bill in the House of Lords, Lord Nolan commended those behind it ‘for so skilfully achieving the essential but delicate balance in this measure between the public interest and the interests of employers’. Fifteen years on, the verdict is less effusive. Significant gaps had been identified in the legislation, for example in failing to impose vicarious liability on employers for acts of victimisation carried out by their employees or agents. In other respects, however, PIDA has come to be seen a blunt instrument, enabling disgruntled employees to seek unlimited compensation despite having done nothing to further the public interest.”
Full story (PDF)
11 KBW, 22nd May 2013
Source: www.11kbw.com
“Former employees of companies that use trade secrets to develop products cannot automatically be found to have acted in breach of confidence if they are involved in rival operations that exploit the protected information, the Supreme Court has ruled.”
OUT-LAW.com, 28th May 2013
Source: www.out-law.com
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