“What changes can workers expect from their employers in the coming year? Employment law expert Edward Goodwyn of Pinsent Masons, the law firm behind Out-Law.com, looks ahead to some significant changes.”
OUT-LAW.com, 4th January 2013
Source: www.out-law.com
“Judgment in the case of X v. Mid Sussex CAB was handed down by the Supreme Court 12th December 2012, in which it was held that volunteers (unpaid workers) qualify for protection from discrimination under the employment provisions of European or domestic anti discrimination law. The principle disagreement between the parties (a volunteer legal advisor and a CAB) was about the proper interpretation of Article 3 of the Framework Directive, which underlies the relevant legislation. The Appellant had argued that certain volunteers in certain situations do fall within scope – namely those whose volunteer activities closely resemble paid work. The CAB argued that no volunteers fall within the legislation, irrespective of the nature of the work that they do. In dismissing the appeal, the Court held that the law in this area was sufficiently free from doubt, such that there was no need to refer any questions to the CJEU.”
Full story (PDF)
Cloisters, December 2012
Source: www.cloisters.com
“A McDonald’s waitress won £3,000 compensation today for being fired after sprinkling too much chocolate on an ice-cream.”
Daily Telegraph, 18th December 2012
Source: www.telegraph.co.uk
“The period of notice which employers have to give before making large-scale redundancies is to be cut from 90 to 45 days.”
BBC News, 18th December 2012
Source: www.bbc.co.uk
“In the first of a new series, Clive Anderson and guests discuss the legal liability of organisations for crimes or other misbehaviours committed by people who work for them.”
BBC Unreliable Evidence, 12th December 2012
Source: www.bbc.co.uk
“On the proper interpretation of article 3(1)(c) and 3(3) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, assistance granted to public servants in the event of illness fell within the scope of the Directive if it was the responsibility of the state, as a public employer, to finance it, that being a matter for the national court to determine.”
WLR Daily, 6th December 2012
Source: www.iclr.co.uk
“As employment lawyers will know, in order to determine whether there is going to be (or has been) a service provision change (SPC) under Regulation 3 of TUPE Regulations 2006 it is necessary to subject the material facts to a number of tests. These should be carried out in a logical order starting with an examination of the relevant activities to decide whether those activities to be carried out after any SPC are fundamentally or essentially the same as those carried out before. Then one must check whether the conditions in Reg 3(3) are satisfied.”
Hardwicke Chambers, 28th November 2012
Source: www.hardwicke.co.uk
“Although there is no data available to establish the actual figures, it is a truism that only a small proportion of cases in which applications are made for interim employment injunctions culminate in a trial.”
Full story (PDF)
Littleton Chambers, December 2012
Source: www.littletonchambers.com
“This week, the Court of Appeal heard the cases of R (T) v Chief Constable of the Greater Manchester Police and others and R (JB) v the Secretary of State for the Home Department. These are the latest in a series of cases challenging whether the criminal records checks regime is compatible with the Convention. Unlike previous cases, which have concerned the disclosure of “soft information” held on local police computer systems, these cases raise in stark terms the compatibility of s.113B(3)(a) of the Police Act 1997 with Article 8. This requires the disclosure of all convictions, cautions, warnings and reprimands on an Enhanced Criminal Records Certificate (‘ECRC’). In T’s case, his ECRC disclosed a warning he had been given for stealing a bicycle when he was 11. In JB’s case, her ECRC disclosed a caution for shoplifting given eight years before the check.”
Panopticon, 28th November 2012
Source: www.panopticonblog.com
“Today, I am talking with Sean Jones QC of 11 KBW, a leading employment and public law set. We look at the employment law implications for use of social media in some depth and discuss the important case of Smith v Trafford Housing Trust [2012] EWHC 3221 (Ch).
We then move on to discuss practice at the Bar, the immediate to medium term prospects for barristers and Sean Jones QC provides some advice for prospective barristers.”
Charon QC, 27th November 2012
Source: www.charonqc.wordpress.com
“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.
Various Claimants v Catholic Child Welfare Society and others: [2012] UKSC 56; [2012] WLR (D) 335
“A lay Catholic teaching order whose brother members were assigned by it to teach at various schools was jointly vicariously liable with the school management body for acts of physical and sexual abuse committed by the brothers while employed by the school management body at a residential school.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
“Two employment cases, about Facebook and train tickets respectively, indicate the difficulties of deciding where human rights may or may not be raised in disputes between private parties – neither defendant in these cases was a public authority.”
UK Human Rights Blog, 21st November 2012
Source: www.ukhumanrightsblog.com
“The former Rangers Football Club did not act illegally when it used employee benefit trusts (EBTs) to distribute money to players and staff, a tribunal has ruled.”
OUT-LAW.com, 22nd November 2012
Source: www.out-law.com
“People with minor criminal records may not have them disclosed to potential employers in future after the European Court of Human Rights condemned the lack of scope for discretion in Britain’s current vetting system.”
Daily Telegraph, 13th November 2012
Source: www.telegraph.co.uk
“A new system of shared flexible parental leave will allow parents to choose how they share childcare responsibilities in the first year after a child’s birth, the Government has announced.”
OUT-LAW.com, 13th November 2012
Source: www.out-law.com
“Companies that discriminate against members of the Territorial Army could be sued under the same kind of laws that protect women and ethnic minorities, ministers have revealed.”
The Guardian, 8th November 2012
Source: www.guardian.co.uk
“The BNP has been a relentless opponent of Human Rights Act and its manifesto for the 2010 General Election made no less than three separate declarations of its intention to scrap the Act and abrogate the European Convention of Human Rights which it described charmingly as being, ‘exploited to abuse Britain’s hospitality by the world’s scroungers.'”
UK Human Rights Blog, 6th November 2012
Source: www.ukhumanrightsblog.com
“The European Court of Human Rights today released its judgment in the case of Redfearn v UK, and held that the UK had failed through its domestic law adequately to protect the right of Mr Redfearn, a British National Party councillor, to freedom of association under Article 11 of the European Convention on Human Rights.”
Employment Law Blog, 6th November 2012
Source: www.employment11kbw.com
“The Court of Appeal has confirmed that employees of a service provider cannot take advantage of certain legal protections when the client they provide services to changes at the same time as the company that they work for.”
OUT-LAW.com, 2nd November 2012
Source: www.out-law.com
“Injured workers will be forced to prove that their employer was directly to blame for their accident before they are eligible for compensation under tough new legislation which critics allege will scale back workers’ rights to those of ‘Victorian times’.”
The Independent, 3rd November 2012
Source: www.independent.co.uk
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