“A short guide to the Employment Equality (Religion or Belief) Regulations 2003, which have allowed a man’s views on foxhunting to be placed on a par with religious belief.”
Daily Telegraph, 9th March 2011
Source: www.telegraph.co.uk
“Articles 56FEU and 57FEU of the FEU Treaty did not preclude a member state from making the hiring out on its territory of workers who were Polish nationals subject to the obtaining of a work permit during the transitional period provided for in paragraph 2 of Chapter 2 of Annex XII to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2003 L236, p 33). The hiring out of workers, within the meaning of article 1(3)(c) of Parliament and Council Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ 1997 L18, p1), was a service provided for remuneration in respect of which the worker who had been hired out remained in the employ of the undertaking providing the service, no contract of employment having been entered into with the user undertaking.”
WLR Daily, 15th February 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A provision of national law which excluded an employee from entitlement under the guarantee of payment of employees’ outstanding claims in the event of their employer’s insolvency, on the ground that the employee within the six months preceding the application for a declaration of insolvency had been the owner of an essential part of the undertaking or business concerned and had had a considerable influence on it activities, was compatible with Parliament and Council Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer.”
WLR Daily, 14th February 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
CLECE SA v Martín Valor and another (Case C-463/09); [2011] WLR (D) 12
“Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees’ rights in the event of transfers of undertakings and businesses did not apply to a situation in which a municipal authority which had contracted out the cleaning of its premises to a private company decided to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring new staff for that purpose.”
WLR Daily, 24th January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Employers are under pressure to up their game when it comes to temporary placements.”
The Guardian, 13th January 2011
Source: www.guardian.co.uk
“Mr. Justice Sales gave a lecture for ELBA and ALBA on 13th December 2010.”
Judiciary of England and Wales, 13th December 2010
Source: www.judiciary.gov.uk
“The Government has said that it will allow organisations to choose job candidates on the basis of their gender, race or disability in limited circumstances.”
OUT-LAW.com, 10th December 2010
Source: www.out-law.com
Shanks v Unilever plc and others [2010] EWCA Civ 1283; [2010] WLR (D) 300
“‘That person’ in s 41(2) of the Patents Act 1977 meant the actual assignee with its actual attributes rather than a notional non-connected counterparty operating in the appropriate market at the appropriate time.”
WLR Daily, 26th November 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“The inventor of a medical device is entitled to a ‘fair share’ of the actual benefit earned from that device by his employer, the Court of Appeal has ruled. An inventor cannot complain if his employer did not exploit the invention well or at all, it said.”
OUT-LAW.com, 29th November 2010
Source: www.out-law.com
“An attempt to have fixed share partners legally defined as employees has failed at the Employment Appeal Tribunal.”
The Lawyer, 26th November 2010
Source: www.thelawyer.com
“The UK Border Agency (UKBA) has failed to create a ‘hostile environment’ for employers of illegal migrant workers in Britain who have escaped tens of millions of pounds of unpaid fines, according to an official report published today.”
The Guardian, 18th November 2010
Source: www.guardian.co.uk
“Most of the Equality Act came into force earlier this month. One key part, though, will not take effect until April. The trouble is that it could impose a huge obligation on organisations and give them almost no time to meet its demands.”
OUT-LAW.com, 26th October 2010
Source: www.out-law.com
Threlfall v Hull City Council [2010] EWCA Civ 1147; [2010] WLR (D) 262
“In cases where an employee had been provided with equipment to use in his employment, but injury had occurred and the question arose whether such ‘personal protective equipment’ had been ‘suitable’ for regulatory purposes and issues of negligence, regard was to be given to both regs 4 and 6 of the Personal Protective Equipment at Work Regulations 1992; and the concept of ‘effectiveness’ was at the heart of the issue of suitability.”
WLR Daily, 21st Octbober 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Lawyers predict that he implementation of the Equality Act will lead to a rise in employment disputes as they take to the courts to test the boundaries of the legislation.”
The Lawyer, 11th October 2010
Source: www.thelawyer.com
“Employment lawyers have warned that tribunals could be ‘submerged’ by a surge in cases stemming from the Equality Act 2010, which came into force this month.”
Law Society’s Gazette, 7th October 2010
Source: www.lawgazette.co.uk
“A doctor who raised concerns about the clinic where Baby P was seen days before his death is suing the NHS, claiming she was forced out of her job.”
BBC News, 20th September 2010
Source: www.bbc.co.uk
“A foreign office high-flier appointed as Britain’s deputy ambassador to Kazakhstan has had her posting revoked after officials ruled that her deafness makes it too expensive to send her abroad. Jane Cordell, who was lauded for her work championing disability rights during a previous diplomatic role in Poland, is suing the Foreign Office for discrimination after being told that the additional cost of providing her with trained ‘lip speakers’ to enable her to work can no longer be justified from the public purse.”
The Independent, 14th September 2010
Source: www.independent.co.uk
“Companies should have the power to defend themselves against employees’ criminal actions by proving that they took every measure to stamp out illegal practices, the Law Commission has proposed in a radical blueprint for reform.”
Daily Telegraph, 25th August 2010
Source: www.telegraph.co.uk
Drake and another v Foster Wheeler Ltd [2010] EWHC 2004 (QB); [2010] WLR (D) 232
“Claims for hospice care were rare and were directly analogous to recoverable claims made by claimants from tortfeasor defendants for the recovery of compensation on behalf of relatives who had provided gratuitous care to the claimant in order to alleviate the consequences of tortiously inflicted injuries.”
WLR Daily, 19th August 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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