Supreme Court rules that God is above the law – Daily Telegraph

Posted May 16th, 2013 in Christianity, employment, news, Supreme Court, unfair dismissal by sally

“It has passed judgments affecting multimillionaires, multinational banks and MPs but now Britain’s highest court has made clear that it does not have jurisdiction over God.”

Full story

Daily Telegraph, 15th May 2013

Source: www.telegraph.co.uk

High Court Litigation Commercial Bargains and The Common Law – 11 KBW

Posted May 15th, 2013 in company law, courts, employment, fiduciary duty, news by sally

“Employment litigation in the High Court is one of the most interesting and dynamic areas of practice. The cases tend to be fought at the point where countervailing currents commercial and employment law meet and many of the cases turn on resolving the tension between a bargain struck between commercial men and the portmanteau term of trust and confidence. That tension presents an opportunity for the creative advisor and a pitfall for the unwary”

Full story (PDF)

11 KBW, 10th May 2013

Source: www.11kbw.com

Taylor v Chief Constable of Hampshire Police – WLR Daily

Taylor v Chief Constable of Hampshire Police [2013] EWCA Civ 496; [2013] WLR (D) 171

“The Personal Protective Equipment at Work Regulations 1992 were engaged with respect to risks from sharp edges in a claim for damages for personal injury once such a risk was shown to be more than de minimis, and the employer had to provide suitable equipment to protect against that risk unless working methods could provide equal or more effective protection.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

Whistleblowing – what’s in the public interest? – Halsbury’s Law Exchange

Posted May 14th, 2013 in employment, legislation, news, public interest, whistleblowers by sally

“Hardly a day goes by without whistleblowing being in the news. Just last month, two police officers were suspended in Cumbria for leaking information to the press about the expenses of an elected Police Commissioner. Last month, the Robert Francis Inquiry published its findings in to the high mortality rates at Mid Staffordshire NHS Trust, which found a culture of fear and silence throughout the organisation which discouraged staff from raising concerns about patient safety. According to research of the University of Greenwich, 80% of the public feel that whistleblowers should be protected. It seems like we are all agreed that we need more whistleblowers and that they should be protected. But why do we continue to hear about whistleblowers being victimised? As we have seen from the Cumbrian example, should police officers be suspended for raising concerns about the expenses of an elected official? When is whistleblowing in the public interest?”

Full story

Halsbury’s Law Exchange, 13th May 2013

Source: www.halsburyslawexchange.co.uk

Failure to comply with the ACAS Code – Employment Law Blog

“Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, inserted by the Employment Act 2008, is concerned with the effect of failure to comply with the ACAS Code. In Lund v St Edmund’s School the EAT, presided over by Keith J, has held that, when considering whether ‘it is just and equitable in all the circumstances’, pursuant to Section 207A, to make an uplift to a compensatory award for an employer’s failure to follow the Code, an Employment Tribunal should not take into account the fact the employee had contributed to his dismissal.”

Full story

Employment Law Blog, 14th May 2013

Source: www.employment11kbw.com

Separate data protection law for employment relations recommended – OUT-LAW.com

Posted May 10th, 2013 in data protection, EC law, employment, news, reports by sally

“New laws should be drafted to set specific rules around data protection in employment relations, a new report has recommended.”

Full story

OUT-LAW.com, 9th May 2013

Source: www.out-law.com

Headteacher under investigation by DfE over cronyism claims – Daily Telegraph

Posted May 9th, 2013 in education, employment, examinations, inquiries, news, teachers by tracey

“A headteacher is under investigation following allegations of cheating at exams,
nepotism and cronyism at the primary school she runs.”

Full story

Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

Enterprise and Regulatory Reform Act 2013 – legislation.gov.uk

Full text of Act

Source: www.legislation.gov.uk

Employee shareholders approved after House of Lords accepts final concessions – OUT-LAW.com

Posted April 26th, 2013 in bills, contract of employment, employment, news, shareholders by tracey

“‘Employee shareholder’ proposals are set to become law after the House of Lords
accepted further concessions which will see individuals required to obtain
advice from a ‘relevant independent advisor’ before entering into a contract.”

Full story

OUT-LAW.com, 25th April 2013

Source: www.out-law.com

Tailoring the law on vicarious liability – Lord Hope of Craighead

Posted April 25th, 2013 in child abuse, education, employment, news, speeches, vicarious liability by sally

Tailoring the law on vicarious liability (PDF)

Lecture by Lord Hope of Craighead

Lord Taylor Memorial Lecture, Inner Temple, 23rd April 2013

Source: www.supremecourt.gov.uk

The Scope Of The Duty Of Fidelity – No. 5 Chambers

Posted April 17th, 2013 in contracts, employment, fiduciary duty, news by sally

“What are the duties of an Employee who is approached by a family member to supply goods or services to his Employer?”

Full story

No. 5 Chambers, 18th March 2013

Source: www.no5.com

Managing the manifestation of faith in the workplace – No. 5 Chambers

“Fatim Kurji considers the European Court of Human Rights’ verdict in the case of Eweida & Others v The United Kingdom [2013] IRLR 231.”

Full story

No. 5 Chambers, 18th March 2013

Source: www.no5.com

Glass ceilings and the law: unconscious bias must be acknowledged – The Guardian

Posted April 17th, 2013 in employment, equality, news, race discrimination, sex discrimination, women by sally

“Employers may not realise that they’re favouring ‘people like us’ applicants but a recent tribunal case highlights how the burden is on the employer to explain a difference in treatment.”

Full story

The Guardian, 17th April 2013

Source: www.guardian.co.uk

Can anonymous CVs help beat recruitment discrimination? – The Guardian

“There is growing anecdotal evidence that some UK firms are filtering out job candidates with foreign-sounding names”

Full story

The Guardian, 11th April 2013

Source: www.guardian.co.uk

New equality guidance “recommends best practice” rather than creates new rights, says expert – OUT-LAW.com

Posted April 10th, 2013 in belief discrimination, employment, equality, freedom of expression, news by sally

“Guidance on how employers should deal with requests made by employees in relation to religion or belief does not create new rights, but rather recommends ‘good practice’ to help employers comply with existing laws, an expert has said.”

Full story

OUT-LAW.com, 10th April 2013

Source: www.out-law.com

Criminal record checks to be relaxed – BBC News

Posted March 27th, 2013 in criminal records, employment, news by tracey

“Thousands of job applicants will no longer have to face their criminal past
being disclosed to employers, under changes announced by the Home Office.”

Full story

BBC News, 26th March 2013

Source: www.bbc.co.uk

New system of criminal records checks to restore balance in public safeguarding – Home Office

Posted March 27th, 2013 in criminal records, employment, press releases by tracey

“Changes to criminal records checks will continue to protect the public while ensuring that employers no longer have access to certain old or minor cautions and convictions.”

Full press release

Home Office, 26th March 2013

Source: www.homeoffice.gov.uk

Another Distinction Between Professional Disciplinary Proceedings and Internal Employment Disciplinary Hearings: Christou v London Borough of Haringey – Littleton Chambers

“If an individual has already been charged and given a warning for misconduct in a disciplinary process, can that process later be reopened, re-run and the individual dismissed for the same charge on the same evidence?”

Full story

Littleton Chambers, 14th March 2013

Source: www.littletonchambers.com

Important changes to the restricted certificates of sponsorship (RCoS) application process from 6 March 2013 – UK Border Agency

Posted March 6th, 2013 in codes of practice, employment, news, sponsored immigrants by sally

“We are making changes to the codes of practice for skilled employers. This includes updating the list of skilled occupations to reflect the Standard Occupational Classification (SOC) 2010 system.”

Full story

UK Border Agency, 5th March 2013

Source: www.ukba.homeoffice.gov.uk

Revisions to the codes of practice for skilled migrant workers – UK Border Agency

Posted March 4th, 2013 in codes of practice, employment, immigration, news, remuneration by sally

“Today [1 March], the UK Border Agency is publishing a statement of intent, to help employers prepare for changes to the points-based system.

The statement announces changes to the codes of practice for skilled migrant workers from outside the European Economic Area. These will come into effect on 6 April 2013 and will also affect the timing of the applications for restricted certificates of sponsorship in March and April.”

Full story

UK Border Agency, 1st March 2013

Source: www.ukba.homeoffice.gov.uk