“Andy Coulson, the former News of the World editor, took his ex-employer News Group Newspapers to the High Court today over its refusal to reimburse his legal fees arising from the phone-hacking affair.”
Daily Telegraph, 7th December 2011
Source: www.telegraph.co.uk
“New rules cracking down on companies who ‘bribe’ staff approaching retirement age into taking cash payments in exchange for lower pension payouts will be in place by next summer, the Pensions Minister will say today.”
Daily Telegraph, 6th December 2011
Source: www.telegraph.co.uk
“National governments impose obligations on local government. Electors have needs and preferences to be met. Politicians have aspirations to achieve. None of this will happen without the worker – bees of local government – from chief executive to road sweeper – willingly putting their shoulder to the wheel or hand to the broom. So good human resource management is what makes things happen well.”
Full story (PDF)
Cloisters, 15th-17th November 2011
Source: www.cloisters.com
“Irresponsible workers who are injured at work because of their own mistakes should not be able to sue their employers for damages, a review of health and safety rules will say next week.”
Daily Telegraph, 25th November 2011
Source: www.telegraph.co.uk
“A loss of unfair dismissal rights, changes to tribunal entitlement, and faster lay-offs are among the reforms proposed.”
The Guardian, 23rd November 2011
Source: www.guardian.co.uk
“Vince Cable has announced yet more employment law reform. Rajeev Thacker questions whether there is any justification for this further erosion of employee rights.”
Garden Court Chambers Blog, 23rd November 2011
Source: www.gclaw.wordpress.com
“A vicar who claims he was driven out of his picturesque rural parish is attempting to make legal history by having his complaints against the Church of England heard by an employment tribunal.”
The Guardian, 23rd November 2011
Source: www.guardian.co.uk
“Jackson reforms will cost the taxpayer more than £70m a year in employers’ liability cases, according a report prepared by economists.”
Law Society’s Gazette, 23rd November 2011
Source: www.lawgazette.co.uk
“Companies employing fewer than 10 staff may be exempted from employment regulations under a consultation to be announced on Wednesday, to promote economic growth.”
The Guardian, 22nd November 2011
Source: www.guardian.co.uk
“The policy aim behind the legislation governing insolvency is that of facilitating the so-called ‘rescue culture’ by making insolvent employers more attractive to prospective purchasers. The policy aim behind employment protection legislation is to provide valuable rights for employees. It is unsurprising that, when these two policy aims collide, problems arise.”
Full story (PDF)
11 KBW, 10th November 2011
Source: www.11kbw.com
“Victims of clerical sexual abuse will find it easier to bring compensation claims against the Catholic church after a judge ruled it can be held responsible for the wrongdoings of its priests.”
The Guardian, 8th November 2011
Source: www.guardian.co.uk
“Last week Stephen Levinson wrote about the law making process, and in particular the problems which bedevil the creation of employment law.
These are all valid points, and no doubt applicable to many other areas of law. I would venture to add two further points.”
Halsbury’s Law Exchange, 2nd November 2011
Source: www.halsburyslawexchange.co.uk
“A worker had been subjected to a detriment “on the ground that” he had made a protected disclosure, for the purposes of section 47B of the Employment Rights Act 1996, if the protected disclosure was a material factor in the employer’s decision to subject the employee to a detrimental act.”
WLR Daily, 25th October 2011
Source: www.iclr.co.uk
“‘Good regulation is a good thing’ is the trite introduction to the government’s red tape challenge, before saying we have too much of the other sort. The proposition is that reducing the quantity of regulation is the answer. This is myopic because if quantity is one possible burden on business, so is poor quality law. Poor quality is not about political or policy disagreements, but simply the production of badly-drafted law that is difficult to understand, because it is too complex or simply unclear.”
Halsbury’s Law Exchange, 28th October 2011
Source: www.halsburyslawexchange.co.uk
Construction Industry Training Board v Beacon Roofing Ltd: [2011] EWCA Civ 1203; [2011] WLR (D) 302
“The issue as to whether the purpose of an agreement or arrangement between an employer and another person was wholly or mainly the provision of that or any other person’s services to the employer in his trade or business within the definition of a ‘labour-only agreement’ in article 2(1)(h) of the Industrial Training Levy (Construction Industry Training Board) Order 2009 was to be determined objectively by reference to the terms of the contract and the relevant background, and not by reference to the reasons of either or both of the parties for entering into the contract.”
WLR Daily, 26th October 2011
Source: www.iclr.co.uk
“A Manchester housing worker is taking legal action against his employer after being demoted for posting comments about gay marriage on Facebook.”
BBC News, 24th October 2011
Source: www.bbc.co.uk
“An employer cannot rely ‘blindly’ on its medical advisers when deciding if an employee is eligible for an ill-health early retirement pension, the pensions watchdog has said.”
OUT-LAW.com, 10th October 2011
Source: www.out-law.com
Williams and others v British Airways plc (Case C-155/10); [2011] WLR (D) 282
“An airline pilot was entitled, during his annual leave, not only to the maintenance of his basic salary, but also, first, to all the components intrinsically linked to the performance of the tasks which he was required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, was provided and, second, to all the elements relating to his personal and professional status as an airline pilot, pursuant to article 7 of Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time and clause 3 of the Agreement annexed to Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation, concluded by the Association of European Airlines, the European Transport Workers’ Federation, the European Cockpit Association, the European Regions Airline Association (ERA) and the International Air Carrier Association.”
WLR Daily, 15th September 2011
Source: www.iclr.co.uk
“The Government today insisted it had made no final decision on whether to increase the qualifying period for unfair dismissal claims from 12 months to two years and was still considering responses to a consultation.”
The Independent, 28th September 2011
Source: www.independent.co.uk
“Policy paper was written by Timothy Pitt-Payne QC for the legal think tank, Halsbury’s Law Exchange.”
Halsbury’s Law Exchange, 12th September 2011
Source: www.halsburyslawexchange.co.uk
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