‘A British company has been found liable for the first time for victims of modern slavery in a landmark high court judgment.’
The Guardian, 10th June 2016
Source: www.guardian.co.uk
Cavanagh and others v Secretary of State for Work and Pensions [2016] EWHC 1136 (QB)
The first and second claimant employees were, it was assumed for present purposes, employed by the defendant employer under civil service terms and conditions and various collective agreements. Under “check-off arrangements” in the employer’s deductions from pay policy, the employees had opted for their subscriptions to the third claimant trade union to be paid by deduction from their salary and paid by the employer to the union. Latterly the check-off arrangements had been included in the employer’s salary policy published on the staff intranet. When the employer ended the check-off arrangements, the claimants brought a claim against it, contending that the employees had a contractual right to insist that the employer continue with the arrangement enforceable by the trade union under the Contracts (Rights of Third Parties) Act 1999.
WLR Daily, 13th May 2016
Source: www.iclr.co.uk
‘Can a senior employee be ordered to pay back his past contractual remuneration to his employer as a remedy for breach of fiduciary duty, in particular a duty to confess his own wrongdoing? There has been an increasing trend over the past few years for employers, outraged at the belatedly discovered wrongdoing of a trusted senior employee, to not only seek to justify summary dismissal on the basis of after-discovered gross misconduct but also to go a step further and try to recover the salaries or bonuses already paid to the employee prior to discovery of the misconduct.’
Sports Law Bulletin, 7th June 2016
Source: www.sportslawbulletin.org
‘Researchers rank Britain 11th out of 18 countries, including US, France and Spain, for factors such as pay and board level representation.’
The Guardian, 18th May 2016
Source: www.guardian.co.uk
‘Employment Appeal Tribunal ruling on childcare vouchers is at odds with the approach taken by most employers.’
Law Society’s Gazette, 9th May 2016
Source: www.lawgazette.co.uk
‘Waiting staff should receive their tips in full and it should be clearer to customers that gratuities are optional, the business secretary has said.’
BBC News, 2nd May 2016
Source: www.bbc.co.uk
Regina (Sino) v Secretary of State for the Home Department [2016] EWHC 803 (Admin)
‘Claiming that he had been unlawfully detained, the claimant sought, through the route of judicial review, immediate release from detention, determination of the defendant’s liability for his false imprisonment and resolution as to whether, if false imprisonment was established, damages should be compensatory or nominal. The defendant had detained the claimant under immigration powers for periods totalling seven years and two months. The judge held that the claimant had been unlawfully detained between 13 July and 10 December 2013 and was entitled to more than nominal damages for false imprisonment, to be assessed on a compensatory basis. The claimant failed in his public law claim in relation to accommodation, deportation and removal. An issue arose as to costs. The defendant contended, inter alia, that as the claimant had succeeded on only one issue out of four he was entitled to only 25% of his costs.’
WLR Daily, 12th April 2016
Source: www.iclr.co.uk
‘The judiciary should act now to prepare for thousands of extra litigants in person who may be vulnerable to exploitation by paid McKenzie friends.’
Law Society’s Gazette, 21st April 2016
Source: www.lawgazette.co.uk
‘Four bicycle couriers are taking their companies to a tribunal in a bid to get employed workers’ rights, including paid holidays and the minimum wage.’
BBC News, 22nd April 2016
Source: www.bbc.co.uk
‘A second legal challenge has been made over the government’s decision to impose a new contract on junior doctors in England.’
BBC News, 4th April 2016
Source: www.bbc.co.uk
‘April 2016 is a month of big changes for people living and working in the UK. A number of new laws and policies are coming into force, affecting just about everyone from public sector workers to dog owners. Here’s what the new laws could mean for you.’
The Independent, 3rd April 2016
Source: www.independent.co.uk
‘The only branch of governance in which the public still has some faith is the judiciary – and it is facing a serious recruitment crisis.’
The Guardian, 4th April 2016
Source: www.guardian.co.uk
Revenue and Customs Commissioners v Apollo Fuels Ltd and others; [2016] EWCA Civ 157
‘The employers leased cars to their employees to enable them to carry out their duties. The cars were leased on arm’s length commercial terms, including lease charges at full market value. The revenue concluded that the provision of the cars was a taxable benefit, for the purposes of the Income Tax (Earnings and Pensions) Act 2003, and served notices of assessment for that tax on the employees. The First-tier Tribunal allowed the employees’ appeal, holding that the provision of the cars was a “benefit” which fell within section 114 of the 2003 Act with the result that Chapter 6 of Part 3 of the 2003 Act applied. That decision was affirmed by the Upper Tribunal.’
WLR Daily, 17th March 2016
Source: www.iclr.co.uk
‘Judges feel unappreciated, demoralised and resent cuts to their pay, according to a recently retired member of the court of appeal.’
The Guardian, 14th March 2016
Source: www.guardian.co.uk
‘A government TV ad that said that “great” teachers can make up to £65,000 per year has been cleared, despite 140 complaints that it misrepresented potential salaries.’
The Guardian, 9th March 2016
Source: www.guardian.co.uk
‘Junior doctors have a launched a legal challenge to Jeremy Hunt’s decision to impose a new contract, and announced that three fresh strikes will hit the NHS in the spring.’
The Independent, 23rd February 2016
Source: www.independent.co.uk
‘Google the decision in Henia Investments Inc v Beck Interiors Ltd and you will find a raft of articles championing the decision as adding yet further weight to the argument that payment applications submitted by the “payee” must be clear and unambiguous.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘The TCC determined that an ambiguous set of accounts sent by email were not a valid application for interim payment, with the result that the corresponding payless notice had been issued in time. The case serves as a reminder to contractors that the substantial benefits of the HGCRA payment provisions come with the clear obligation to make the nature and content of any application for interim payment obvious to an employer, or else the courts will likely find such an application to be invalid.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
‘The TCC had to determine whether an interim payment application made 6 days before the specified contractual date was rendered invalid for being too early. The key issue was whether it was possible that consistent failures to adhere to the contractual payment provisions would create an estoppel which would prevent an out of time payment application from being found invalid. Although Edwards-Stuart J found that it was arguable there was an estoppel for applications made a few days after the contractual date, there was no such estoppel for applications made early and so the application was found to be invalid.’
Hardwicke Chambers, 3rd February 2016
Source: www.hardwicke.co.uk
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