Employment Law Update: Transfer of Undertakings (Protection of Employment) and Age Discrimination – 11 KBW

“For the benefit of anyone who has not worked in this area previously or recently, I shall summarise the basics. The relevant legal rules are found in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (‘TUPE’) which came into force on 6 April 2006. The most important change from the Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794) has been the expansion of the definition of ‘a relevant transfer’ to encompass a service provision change as well as a transfer of an economic entity which retains its identity. This is a complex area of law, in which it is often hard to discern any broad principle which indicates the correct answer to the case on your desk: it is essential always to keep referring back to and re-reading the TUPE regulations themselves.”

Full story (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

Treasury Committee suggests higher fines and criminal sanctions for LIBOR manipulation – OUT-LAW.com

Posted August 21st, 2012 in banking, financial regulation, fines, news, penalties, reports, select committees by sally

“Higher fines for firms that fail to co-operate with regulators and potential criminal sanctions for benchmark manipulation have been suggested by the Treasury Select Committee in a report responding to alleged manipulation of market rates by major banks.”

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OUT-LAW.com, 21st August 2012

Source: www.out-law.com

Case law argues London’s priced out tenants are ‘homeless’ – The Guardian

Posted August 21st, 2012 in homelessness, housing, London, news, rent, reports by sally

“Legal precedent demands that tenants unable to meet unaffordable housing costs are legally homeless. What does this mean in today’s London?”

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The Guardian, 21st August 2012

Source: www.guardian.co.uk

Convicted rioter: ‘Going to prison has helped me a lot’ – The Independent

Posted August 21st, 2012 in news, prisons, rehabilitation, sentencing, sport, violent disorder by sally

“Jailed for his part in last summer’s riots, Michael feared for his future.But it was his time inside that inspired his work as a youth athletics coach, he tells Simon Usborne.”

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The Independent, 21st August 2012

Source: www.independent.co.uk

The Data Protection Act in defamation cases: increasingly relevant, potentially primary? – Panopticon

Posted August 21st, 2012 in data protection, defamation, news, prosecutions by sally

“The Data Protection Act 1998 is increasingly being deployed as part of a claimant’s arsenal in defamation claims. The Information Commissioner has historically resisted policing DPA breaches in the context of allegedly defamatory expressions of opinion by one person about another.”

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Panopticon, 20th August 2012

Source: www.panopticonblog.com

Man guilty of raping three children – The Independent

Posted August 21st, 2012 in children, drug abuse, news, rape, sexual offences by sally

“A man pleaded guilty today to raping three young children he had drugged and who were also forced to sexually abuse each other while he watched.”

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The Independent, 20th August 2012

Source: www.independent.co.uk

“No precedent? Then set one!” – Nicklinson right to die case – UK Human Rights Blog

Posted August 21st, 2012 in assisted suicide, defences, euthanasia, human rights, murder, news, precedent by sally

“This is Richard Dawkin’s battle cry in response to the recent High Court rejection of the challenge by locked-in sufferers to the murder and manslaughter laws in this country that have condemned them to an unknowable future of suffering.”

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UK Human Rights Blog, 20th August 2012

Source: www.ukhumanrightsblog.com

Steve McClaren loses bid to gag Sun story alleging extramarital affair – The Guardian

Posted August 21st, 2012 in injunctions, media, news, privacy, public interest by sally

“Former England manager Steve McClaren failed in a high court bid over the weekend to prevent the Sun publishing a front-page story about an alleged extramarital affair.”

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The Guardian, 20th August 2012

Source: www.guardian.co.uk

Shop worker who tried to claim £1m EuroMillions jackpot is jailed – The Independent

Posted August 21st, 2012 in fraud, gambling, news, sentencing by sally

“A shop worker who tried to claim a winning £1m lottery ticket belonging to an elderly couple has been jailed for two and a half years.”

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The Independent, 21st August 2012

Source: www.independent.co.uk

Academy loses legal challenge over special needs pupils – The Guardian

Posted August 21st, 2012 in education, news, special educational needs, tribunals by sally

“One of the government’s flagship academy schools has lost a legal challenge over its refusal to admit a number of children with special educational needs.”

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The Guardian, 20th August 2012

Source: www.guardian.co.uk

Ched Evans rape case: first appeal lost against conviction – BBC News

Posted August 21st, 2012 in appeals, consent, news, rape by sally

“The Wales and ex-Sheffield United footballer Ched Evans has lost the first stage of his appeal against his conviction for rape.”

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BBC News, 21st August 2012

Source: www.bbc.co.uk

Charity fundraisers facing new rules – BBC News

Posted August 20th, 2012 in budgets, charities, fines, news by sally

“Charities now face fines of at least £1,000 if their street fundraisers breach rules designed to protect members of the public.”

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BBC News, 20th August 2012

Source: www.bbc.co.uk

Dangerous dog offences guideline comes into effect – Sentencing Council

Posted August 20th, 2012 in community service, dogs, fines, news, sentencing by sally

“Following a three month period of training and implementation the definitive guideline on dangerous dog offences came into effect on 20 August 2012.”

Dangerous Dog Offences Definitive Guideline (PDF)

Sentencing Council, 20th August 2012

Source: www.sentencingcouncil.judiciary.gov.uk

Privacy watchdog “not ready” to deal with cookie complaints, according to FOI request – OUT-LAW.com

“The Information Commissioner’s Office (ICO) has yet to begin investigating websites accused of breaking the new cookie laws, which came into force last year, because it does not yet have an investigative team in place.”

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OUT-LAW.com, 20th August 2012

Source: www.out-law.com

Commercial prejudice: the importance of precise and limited redactions – Panopticon

Posted August 20th, 2012 in appeals, contracts, freedom of information, news, public interest, tribunals by sally

“In the recent decision in UK Coal Mining v IC, Nottinghamshire County Council & Veolia [2012] UKUT 212 AAC, the Upper Tribunal has dismissed an appeal concerned with section 43(2) of FOIA (commercial prejudice): the First-Tier Tribunal (decision EA/2010/0142, on which see our post here) had been entitled to find that only very limited redactions could be made to provisions from a PFI contract for a waste incinerator. Upper Tribunal Judge Wikeley’s decision, while largely fact-specific, illustrates two significant points.”

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Panopticon, 17th August 2012

Source: www.panopticonblog.com

Family of L, a man left in a vegetative state, wage court battle for right to life – The Guardian

Posted August 20th, 2012 in euthanasia, families, medical ethics, medical treatment, news by sally

“The family of a man left in a vegetative state after a heart attack has made an eleventh hour appeal for doctors to do all they can to keep him alive as they await a vital court ruling.”

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The Guardian, 19th August 2012

Source: www.guardian.co.uk

Jeanette Goodwin murder: Martin Bunch jailed for life – BBC News

Posted August 20th, 2012 in bail, complaints, electronic monitoring, harassment, murder, news, police, sentencing by sally

“A man who murdered his ex-partner four days after appearing in court charged with harassing her has been jailed for life with a minimum term of 27 years.”

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BBC News, 17th August 2012

Source: www.bbc.co.uk

Shut that (undemised) door! – NearlyLegal

Posted August 20th, 2012 in appeals, compensation, landlord & tenant, negligence, news, personal injuries by sally

“Is the Occupiers’ Liability Act 1957 still relevant in a landlord & tenant relationship, or not?”

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NearlyLegal, 19th August 2012

Source: www.nearlylegal.co.uk

One in five jailed rioters let out of prison early – The Guardian

“Around one in five rioters jailed after last year’s summer rampages have been tagged and let out of prison early.”

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The Guardian, 18th August 2012

Source: www.guardian.co.uk

Reoffending rates: More to be done, say MPs – BBC News

Posted August 20th, 2012 in consultations, news, prisons, probation, recidivists by sally

“The Ministry of Justice must do more to stop reoffending in England and Wales including giving probation more importance, MPs have said in a report.”

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BBC News, 18th August 2012

Source: www.bbc.co.uk