‘Planned Government legislation to claw back exit payments from high-earning public sector staff if they get another job within 12 months is “unclear and ill-conceived”, the Employment Lawyers Association (ELA) has warned.’
Local Government Lawyer, 18th September 2014
Source: www.localgovernmentlawyer.co.uk
‘Paragraph 3 of Schedule A1 to the Trade Union and Labour Relations (Consolidation) Act 1992 was not incompatible with article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 12th September 2014
Source: www.iclr.co.uk
‘The oversight legal regulator has given a muted backing to the emergence of fee-charging McKenzie friends. Legal Services Board chairman Sir Michael Pitt (pictured) supported the suggestion that paid legal advisers should be recognised as a “legitimate feature” of the legal services market.’
Law Society’s Gazette, 3rd September 2014
Source: www.lawgazette.co.uk
‘Since 28 July the Home Office has resumed processing applications that were on hold pending the Court of Appeal decision in MM. In that case, the Court of Appeal held the minimum income threshold and associated documentary requirements set out in Appendix FM and Appendix FM-SE to the Immigration Rules to be lawful.’
Halsbury’s Law Exchange, 19th August 2014
Source: www.halsburyslawexchange.co.uk
‘Eleven female carers to the elderly are taking their employers to a tribunal claiming they were only paid by the minutes they spent with clients rather than their rostered working hours. The staff, who were on zero-hours contracts, allege that, due to the arrangements, they were paid less than the minimum wage of £6.31 an hour. It is understood that some of the employees at Apex Care in Romsey, Hampshire, where the firm was commissioned to provide the home care service by the council, believe their real hourly wage was close to £3.50.’
The Guardian, 17th August 2014
Source: www.guardian.co.uk
‘Two former Investec traders lost a three-year, £6m battle over their bonuses on Wednesday in a case described by a London high court judge as fanciful and “wholly incredible”.’
The Guardian, 6th July 2014
Source: www.guardian.co.uk
‘On 8 July 2014, the Upper Tribunal (Tax and Chancery Chamber) (UT) handed down its eagerly awaited judgement in HMRC v Murray Group Holdings and Others[1], which concerned an Employee Benefit Trust (EBT) structure. Most readers will know this case as the ‘Rangers Case’, as the facts relate to employees of the Scottish football club as it existed before its liquidation and subsequent purchase.’
RPC Privacy Law, 31st July 2014
Source: www.rpc.co.uk
‘On Wednesday 30 July 2014, the Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) released consultation papers relating to individual accountability and remuneration in the banking industry. The changes apply, broadly speaking, to banks, building societies, credit unions and the nine investment firms designated by the PRA.’
Employment Law Blog, 30th July 2014
Source: www.employment11kbw.com
‘On 9 July 2014, the Supreme Court delivered its unanimous ruling that the Agricultural Sector (Wales) Bill was within the legislative competence of the National Assembly for Wales.’
UK Constitutional Law Association, 30th July 2014
Source: www.ukconstitutionallaw.org
‘In recent days, two pieces of news related to the most controversial elements of the Remuneration Code have emerged: clawback, and the bonus cap. The Remuneration Code applies to the variable remuneration (i.e. bonus) of certain employees of banks, building societies, investment firms, and some overseas firms of a similar nature.’
Employment Law Blog, 28th July 2014
Source: www.employment11kbw.com
‘Provisions in the Immigration Rules which impose income requirements on individuals living in the United Kingdom, who wish to bring their non-European Economic Area citizen spouses to live with them, are not a disproportionate interference with their right to family life under Article 8 of the European Convention on Human Rights. The Court of Appeal has also underlined the important (but often misunderstood) point that there is no legal requirement that the Immigration Rules should provide that the best interests of the child should be determinative. Section 55 of the Borders, Citizenship and Immigration Act 2009 is not a “trump card” to be played whenever the interests of a child arise. ‘
UK Human Rights Blog, 21st July 2014
Source: www.ukhumanrightsblog.com
‘The Court of Appeal has dismissed a legal challenge to Home Office rules for UK citizens who want their overseas spouses to live with them in Britain, affecting more than 3,600 families.’
The Guardian, 11th July 2014
Source: www.guardian.co.uk
Supreme Court, 9th July 2014
‘The High Court has ruled emergency laws underpinning a government back-to-work scheme are “incompatible” with the European Convention on Human Rights.’
BBC News, 4th July 2014
Source: www.bbc.co.uk
’10cc were a great band – from a decade of great bands of course – “Dreadlock holiday” an iconic track and I don’t like cricket, no no, I love it. So what a joy to be able to reference this title to a very significant employment case reported last week. How come? Well the pun starts here: (1) the case is Lock v British Gas Trading Limited (2) it is all about holiday pay and (3) employers will dread its implications.’
Hardwicke Chambers, 10th June 2014
Source: www.hardwicke.co.uk
‘A clause in a contract of employment permitting an employer to deduct one month’s pay in respect of a departing employee’s failure to work her notice period was not a “penalty clause”, and was therefore enforceable, the Employment Appeal Tribunal (EAT) has ruled.’
OUT-LAW.com, 17th June 2014
Source: www.out-law.com
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