“Workers blacklisted by the construction industry over more than three decades have launched a high court claim against industry giant Sir Robert McAlpine, the Tory donor and builder of the Olympic Stadium, for conspiring with other firms to keep them out of work.”
The Guardian, 29th July 2012
Source: www.guardian.co.uk
“Any requirement which, if not satisfied, would lead to an application for leave to enter or remain in the United Kingdom being refused, was a rule ‘as to the practice to be followed’ in the administration of the Immigration Act 1971 and therefore had to be laid before Parliament in accordance with section 3(2) of the Act.”
WLR Daily, 18th July 2012
Source: www.iclr.co.uk
Leach v Office of Communications: [2012] EWCA Civ 959; [2012] WLR (D) 205
“The trust placed by an employer in an employee was at the core of their relationship. The employment tribunal had been entitled to find that, where the employer had received an unproved and untested allegation of an overseas child sex offence against the employee, who had not disclosed it to the employer prior to his appointment, the resulting breakdown of trust had constituted ‘some other substantial reason’ within the meaning of section 98(1)(b) of the Employment Rights Act 1996 summarily to dismiss the employee in order to prevent the employer’s reputation being damaged.”
WLR Daily, 13th July 2012
Source: www.iclr.co.uk
E v English Province of Our Lady of Charity and another [2012] EWCA Civ 938; [2012] WLR (D) 204
“In a case in which a Roman Catholic parish priest was said to have abused a young girl, and the question arose, as to potential vicarious liability, whether he was an employee, independent contractor, or in some other manner to be considered akin to an employee, the law as to vicarious liability was to be extended such that the question should be approached in a broader way, and also by reference to several tests, looking, inter alia, to whether the applicable status was akin to employment, and whether it would be just and fair to impose vicarious liability.”
WLR Daily, 12th July 2012
Source: www.iclr.co.uk
“The Ministry of Justice (MoJ) must devise a successful objective justification defence if it is to defeat a discrimination claim being pursued against it by a part-time judge, the Supreme Court has said.”
The Lawyer, 13th July 2012
Source: www.thelawyer.com
“When trying to answer the question, is this claimant an employee under section 230 of the Employment Rights Act 1996 (‘ERA’)?, we at least know what tests should be applied, even if applying them can be difficult in practice. What has been harder is deciding whether someone who is not an employee under the ERA is in ’employment under… a contract personally to do work’ under the Equality Act 2010 (EqA) or its predecessors. Chris Camp considers employment status in discrimination law, in light, in particular, of the recent Supreme Court decision in Jivraj v Hashwani [2011] UKSC 40.”
Hardwicke Chambers, 5th July 2012
Source: www.hardwicke.co.uk
“Guidance in prison service instructions as to the approach to be followed by prison governors when exercising their discretion to make deductions from prisoners’ earnings to raise funds to support victims of crime was not unlawful.”
WLR Daily, 3rd July 2012
Source: www.iclr.co.uk
“Prisoners who took jobs outside jail have lost their High Court claim that a levy on their wages which goes to victim support is too high.”
The Independent, 3rd July 2012
Source: www.independent.co.uk
Domestic and Personal Injury Newsletter (PDF)
Thirty Nine Essex Street, June 2012
Source: www.39essex.com
“Discrimination against armed forces veterans could become against the law after the government agreed to cross-party talks aimed at giving new rights to protect former members of the military.”
The Guardian, 2nd July 2012
Source: www.guardian.co.uk
“The issue of not getting your salary paid has been in the news as a result of the problems at NatWest, but while those employees will eventually get their cash, some employees never do. So what are your legal rights if an employer does not pay you for work you have done?”
The Guardian, 28th June 2012
Source: www.guardian.co.uk
“Mandatory unpaid government work schemes that last up to six months should be declared illegal because they are a form of forced labour, lawyers acting for the unemployed argued on Tuesday.”
The Guardian, 26th June 2012
Source: www.guardian.co.uk
“In many cases where a person wishes to leave an employment and establish a new business, that person may wish to tell colleagues about the plans and to encourage them to join him or her in the new venture. It may be that there is disaffection in the workplace and that there is a general, if unexpressed, desire to move on.”
Full story (PDF)
11 KBW, 22nd June 2012
Source: www.11kbw.com
“Her landmark legal battle against the nightclub could bring radical changes in employment rights.”
The Guardian, 18th June 2012
Source: www.guardian.co.uk
“A union is taking legal action to seek compensation on behalf of workers it claims were blacklisted by one of the UK’s biggest companies.”
The Independent, 11th June 2012
Source: www.independent.co.uk
“Rules making it easier for companies to sack their workers by offering them immediate payouts if they agree to leave without any fuss will be unveiled this week as part of the government’s controversial overhaul of employment law.”
The Guardian, 10th June 2012
Source: www.guardian.co.uk
“As usual, the current crop of recent decisions in this area contain a real mix of the orthodox and the heterodox approach to the doctrine of restraint of trade, frequently within the same case. A good illustration of this is the case of Caterpillar Logistics Services (UK) Ltd v Paula Huesca De Crean [2012] EWCA Civ 156 which will be extensively covered in the talk to be delivered by Simon Forshaw on Confidential Information. I confine myself to observing that the ‘barring out’ injunction sought on the
basis of supposed fiduciary obligations was a restraint on working on a particular contract for a customer and not for a competitor.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“A group of 6,000 employment lawyers has warned that a proposal to cut red tape by allowing micro-businesses to sack staff who have done nothing wrong will not reduce tribunal claims.”
Law Society’s Gazette, 8th June 2012
Source: www.lawgazette.co.uk
“‘How radical a change are the age discrimination provisions?’ The short answer is, ‘Very’, or, in the light of the two recent Judgments of the Supreme Court to this area of the law, ‘Very, very’.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
“The decision of the Supreme Court in Edwards v Chesterfield Royal Hospital NHS Foundation Trust & Botham v Minister of Defence [2011] UKSC 58 [2012] ICR 201 (‘Edwards’) represents the latest word from our highest domestic court as to the availability of damages for losses arising following the termination of employment. As has been usual of late, the Justices of the Supreme Court have spoken with several voices. However, the overall effect of the majority decision is to reaffirm and extend the orthodoxy represented by Johnson v Unisys Ltd [2001] ICR 480 (‘Johnson’), notwithstanding that this leads to a number of anomalies, from both the doctrinal and the practical points of view.”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
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