Equal Pay Claims and the ‘Same Employment’ Test – No. 5 Chambers
“Fatim Kurji considers the meaning of ‘same employment’ within the Equal Pay legislation.”
No. 5 Chambers, 16th September 2013
Source: www.no5.com
Category: news
What Are Care Proceedings For? – Lady Hale
What Are Care Proceedings For? (PDF)
Zenith Chambers Munkman Lecture, 16th September 2013
Source: www.zenithchambers.co.uk
Preserving your right to claim elsewhere: new rule 52 – No. 5 Chambers
“Charles Crow considers how Claimants can move their cases between the Tribunal and the Court without getting caught by the doctrine of estoppel.”
No. 5 Chambers, 16th September 2013
Source: www.no5.com
Cautionary Note for Employers – Victimisation – No. 5 Chambers
“The recent unreported decision of the EAT in Woodhouse v West North West Homes Ltd 2013 UKEAT 0007_12_0506 is likely to limit the extent to which employers can draw a parallel with the case of Martin v Devonshire Solicitors [2011] ICR 352 when dealing with serial complainants/litigants on a proscribed ground.”
No. 5 Chambers, 16th September 2013
Source: www.no5.com
In the matter of A (Children) [2013] UKSC 60 – An Analysis – Family Law Week
“Alex Verdan QC, Jacqueline Renton and Michael Gration, all of 4 Paper Buildings, consider the significance and impact of the Supreme Court’s recent judgment in A (Children), in which they represented interveners Children and Families Across Borders.”
Family Law Week, 18th September 2013
Source: www.familylawweek.co.uk
Whistleblowers – BBC Unreliable Evidence
“Clive Anderson’s guests call for new laws both to encourage employees to report criminal behaviour and malpractice in their organisations and to protect them if they blow the whistle.”
BBC Unreliable Evidence, 18th September 2013
Source: www.bbc.co.uk
Veils and ignorance: defendant not allowed to wear niqaab when giving evidence – UK Human Rights Blog
“The ruling by HHJ Murphy in Blackfriars Crown Court this Monday that a defendant in a criminal trial should not be allowed to wear a niqaab (face veil) whilst giving her evidence has prompted calls for a public debate about the wearing of face veils in public more generally. Adam Wagner has already commented on the case here. A summary and analysis of the decision follows below.”
UK Human Rights Blog, 18th September 2013
Source: www.ukhumanrightsblog.com
Revenue and Customs Commissioners v Sunico ApS and others – WLR Daily
Revenue and Customs Commissioners v Sunico ApS and others (Case C-49/12); [2013] WLR (D) 347
“The concept of ‘civil and commercial matters’ within the meaning of article 1(1) of Council Regulation (EC) No 44/2001 covered an action whereby a public authority of one member state claimed, as against natural and legal persons resident in another member state, damages for loss caused by a tortious conspiracy to commit value added tax fraud in the first member state.”
WLR Daily, 12th September 2013
Source: www.iclr.co.uk
Website’s driving test claims banned by ASA – Daily Telegraph
“A driving theory test advert that claimed a charge of £31 but levied nearly £50 has been banned. It follows a move to block adverts from websites that charge for the traveller EHIC card, which is free from the NHS.”
Daily Telegraph, 18th September 2013
Source: www.telegraph.co.uk
Minister orders review of guidelines for health workers wearing full-face veils – The Guardian
“A review is being launched into health service guidelines on full-face veils to ensure that patients always have ‘appropriate face-to-face contact’, it has emerged.”
The Guardian, 19th September 2013
Source: www.guardian.co.uk
“Follow the money” powers do not breach sex offenders’ privacy rights – UK Human Rights Blog
“This was a challenge to regulations introduced in 2012 under the Sexual Offences Act 2003 which require a person on the Sex Offenders Register to provide details of bank, debit or credit card accounts held by him. The claimant sought a declaration that this particular regulation was incompatible with his right to respect for private life under Article 8 of the European Convention on Human Rights.”
UK Human Rights Blog, 18th September 2013
Source: www.ukhumanrightsblog.com
Privatisation of probation service will ‘put public at risk’ – The Independent
“Thousands of probation workers will join nationwide protests today to claim that public safety will be jeopardised by the Government’s plans to transfer the community supervision of most former offenders to private companies.”
The Independent, 19th September 2013
Source: www.independent.co.uk
Cash-strapped law centres turn clients away as legal aid cuts bite – The Guardian
“Charitable sector faces dilemma of how to continue helping vulnerable people as funding for many cases dries up.”
The Guardian, 18th September 2013
Source: www.guardian.com
Jade Clark moped death: Driver jailed for death and cover-up – BBC News
“A banned driver who caused the death of a 16-year-old girl in a road crash and then tried to cover up his involvement has been jailed for six years.”
BBC News, 18th September 2013
Source: www.bbc.co.uk
Police whistleblower denied immunity from prosecution – The Guardian
“A former undercover police officer who blew the whistle on a covert Scotland Yard squad has been denied immunity from prosecution for potential breaches of the Official Secrets Act.”
The Guardian, 18th September 2013
Source: www.guardian.com
Many councils still ‘inadequate’ on child protection – BBC News
“One-third of councils previously judged by inspectors to have child protection weaknesses are still failing to meet minimum requirements, figures show.”
BBC News, 18th September 2013
Source: www.bbc.co.uk
Paedophile loses bank rule challenge – BBC News
“A convicted paedophile has lost a legal challenge against rules requiring him to disclose bank details to police.”
BBC News, 18th September 2013
Source: www.bbc.co.uk
What is a “public authority” for the purposes of environmental information? – UK Human Rights Blog
“In this most recent case concerning access by private individuals to environmental information held by public authorities, the AG grasps the nettlish question of what precisely a public authority is. The issue was a subject of debate because the request for information had been addressed to private companies which manage a public service relating to the environment. The question therefore was whether, even though the companies concerned are private, they may be regarded as ‘public authorities’ for the purposes of the Directive governing access to environmental information (Directive 2003/4).”
UK Human Rights Blog, 17th September 2013
Source: www.ukhumanrightsblog.com
Change to UK collective redundancy laws “inevitable”, says expert, as Government granted leave to appeal Woolworths case – OUT-LAW.com
“The Government is not guaranteed a ‘favourable outcome’ in its appeal of a tribunal’s finding that consultation requirements under the collective redundancy rules were triggered when retailers made redundancies in multiple shops, an expert has said.”
OUT-LAW.com, 17th September 2013
Source: www.out-law.com
Mark Elliott: Justification, Calibration and Substantive Judicial Review: Putting Doctrine in its Place – UK Constitutional Law Group
“To observe that substantive judicial review—and the notions of proportionality and deference in particular—constitute well-trodden ground would be to engage in reckless understatement. And that, in turn, might suggest that there is nothing more that can usefully be said about these matters. Yet the debate in this area of public law remains vibrant—and for good reason. Like the controversy about the foundations of judicial review in which many public lawyers engaged energetically over a decade ago, the controversy about substantive review is ultimately a manifestation of underlying disagreements concerning the nature, status and interaction of fundamental constitutional principles, including the rule of law, the separation of powers and the sovereignty of Parliament. It is hardly surprising, then, that questions about the intensity of review and (what amounts to the reverse side of the same coin) deference remain under active discussion long after the debate was ignited by the entry into force of the Human Rights Act 1998.”
UK Constitutional Law Group, 17th September 2013
Source: www.ukconstitutionallaw.org
