“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
“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workers who have HIV are to be allowed to perform all kinds of procedures on patients, following the lifting of an outdated ban that led in some cases to the loss of careers and livelihoods.”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
“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
“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 [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
“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 (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
“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
“Government lawyers want to overturn decision that criminal records vetting system breaches human rights.”
The Independent, 14th July 2013
Source: www.independent.co.uk
“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 [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
“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
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