Four Reasons for Retaining the Charter: Part 2 – Remedies – Oxford Human Rights Hub

‘The previous blog post drew attention to the way in which the scope of rights protected in the UK may be diminished post Brexit if the Charter is not retained as part of domestic law. The second reason for retaining the Charter draws attention to the remedy provided when rights are breached. Individuals relying on the Charter at the moment can use the Charter to disapply legislation which breaches Charter rights. This is a legally binding remedy which invalidates the relevant legislation. This is not the case for those relying on common law rights, or their Convention rights under the Human Rights Act.’

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Oxford Human Rights Hub, 4th February 2018

Source: ohrh.law.ox.ac.uk

Alison Young: Benkharbouche and the Future of Disapplication – UK Constitutional Law Association

Posted October 26th, 2017 in bills, brexit, conflict of laws, EC law, jurisdiction, news, Supreme Court, working time by sally

‘Last week, Lord Sumption delivered the majority decision of the Supreme Court on Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: Secretary of State for Foreign and Commonwealth Affairs and Libya v Janah. The case would have been heard in December of last year, but for the small matter of Miller, which caused the hearing to be moved to June of this year. Brexit and Miller, however, do not only seem to have affected the timing of the hearing. They have also affected its importance. What might have been originally anticipated as a potentially defining moment – where the Supreme Court confirmed that the EU’s Charter of Fundamental Rights and Freedoms could be used as a stand-alone cause of action to disapply primary legislation and explained how this could be achieved – was translated into an almost blasé statement by the court that ‘a conflict between EU law and English domestic law must be resolved in favour of the former, with the latter being disapplied; whereas the remedy in the case of inconsistency with Article 6 of the Human Rights Convention is a declaration of incompatibility.’ What might once have seemed controversial has become run of the mill. What has led to the casual acceptance of ‘disapplication’ of a UK statute; and what will happen to disapplication – and the Charter – post-Brexit?’

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UK Constitutional Law Association, 24th October 2017

Source: ukconstitutionallaw.org

Voluntary Overtime and Holiday Pay – Cloisters

Posted August 22nd, 2017 in appeals, employment tribunals, holiday pay, news, remuneration, working time by sally

‘Nathaniel Caiden considers the recent Employment Appeal Tribunal (EAT) judgment in Dudley MBC v Willetts UKEAT/0334/16/JOJ that concerns the inclusion of voluntary overtime normally worked in calculating holiday pay.’

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Cloisters, 1st August 2017

Source: www.cloisters.com

Senior judge attacks “ill-informed comments” about flexible court hours pilots – Local Government Lawyer

Posted August 4th, 2017 in courts, judges, news, pilot schemes, working time by sally

‘The Judge in Charge of Reform has expressed regret at “the extent of the widely-broadcast misunderstandings and ill-informed comments from a range of sources” on the Flexible Operating Hours Pilots.’

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Local Government Lawyer, 4th August 2017

Source: www.localgovernmentlawyer.co.uk

Council loses appeal over voluntarily-worked overtime and holiday pay – Local Government Lawyer

Posted August 3rd, 2017 in employment tribunals, holiday pay, news, volunteers, working time by tracey

‘Dudley Metropolitan Borough Council has lost a case at the Employment Appeal Tribunal over how voluntarily-worked overtime is treated in the calculation of holiday pay.’

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Local Government Lawyer, 3rd August 2017

Source: localgovernmentlawyer.co.uk

Letter from Lord Justice Fulford: Flexible Operating Hours Pilots – Courts and Tribunals Judiciary

Posted August 3rd, 2017 in courts, pilot schemes, press releases, working time by tracey

‘In my capacity as the Judge in Charge of Reform, and in light of public comments – particularly from members of the legal profession – I thought it would be helpful to attempt to demystify the proposed Flexible Operating Hours Pilots. I regret the extent of the widely-broadcast misunderstandings and ill-informed comments from a range of sources.’

full letter

Courts and Tribunals Judiciary, 28th July 2017

Source: www.judiciary.gov.uk

Judge attempts to calm lawyers’ anger over extended court hours – Legal Futures

Posted August 1st, 2017 in courts, news, pilot schemes, working time by sally

‘The resident judge at Blackfriars Crown Court, one of the six courts due to take part in a Ministry of Justice (MoJ) pilot on extended court hours, has attempted to calm lawyers’ anger over the move.’

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Legal Futures, 1st August 2017

Source: www.legalfutures.co.uk

Bar Standards Board “to monitor impact of longer court hours plan on diversity” – Legal Futures

Posted July 14th, 2017 in barristers, diversity, news, working time by tracey

‘The Bar Standards Board (BSB) is considering the impact of the HM Courts and Tribunal Service’s (HMCTS) proposals for longer sitting hours on the diversity of the profession, the only legal regulator so far to take a step, however tentative, into an issue that has generated bitter opposition from the profession.’

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Legal Futures, 14th July 2017

Source: www.legalfutures.co.uk

The New Cafcass Guidance on the Use of Professional Time – Family Law Week

Posted July 7th, 2017 in children, family courts, legal services, news, working time by tracey

‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, considers Cafcass’s response to the record levels of demand for its services.’

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Family Law Week, 4th July 2017

Source: www.familylawweek.co.uk

Travel time ruling will not automatically entitle UK mobile workers to extra pay, says expert – OUT-LAW.com

Posted September 15th, 2015 in contract of employment, EC law, employment, minimum wage, news, remuneration, working time by tracey

‘FOCUS The EU’s highest court has ruled that the time those with no fixed place of work spend travelling between home and their first and last places of work each day counts as “woking time” – but this does not necessarily entitle them to extra pay.’

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OUT-LAW.com, 11th September 2015

Source: www.out-law.com

When is travelling time working time? And when does working time not earn the minimum wage? – Employment Law Blog

Posted September 15th, 2015 in EC law, employment, minimum wage, news, working time by tracey

‘The European Court of Justice (“the ECJ”) has now given judgment in Federacion de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security Case C-266/14 consistent with the Advocate General’s opinion, on which James Goudie QC blogged recently. For peripatetic or mobile workers (who do not have a fixed or habitual workplace) time spent travelling from home to the first appointment and from the last appointment back home counts as working time under EU law. The judgment has very significant implications for employers whose workforce includes, for example, home care staff, gas fitters, and sales teams.’

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Employment Law Blog, 14th September 2015

Source: www.employment11kbw.com

Council criticised over refusal of direct payments based on Working Time Regulations – Local Government Lawyer

‘A council has admitted wrongly using the Working Time Regulations to refuse the direct payments they assessed a young man as needing, following an investigation by the Local Government Ombudsman.’

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Local Government Lawyer, 6th August 2015

Source: www.localgovernmentlawyer.co.uk

Getting to Grips with the Holiday Pay Conundrum – Littleton Chambers

Posted March 17th, 2015 in appeals, EC law, employment tribunals, holiday pay, news, working time by sally

‘The Employment Appeal Tribunal’s (EAT’s) judgment in the Bear Scotland case is the latest in a series of cases considering what must be included in the calculation of holiday pay under the UK’s Working Time Regulations (WTR). The ruling sent shockwaves through the business community, with some commentators estimating that around five million workers in the UK could be entitled to more holiday pay at a potential cost to companies of billions of pounds. Business Secretary Vince Cable even set up a taskforce to assess the possible impact of the EAT’s decision. Adam Solomon and Sophia Berry throw the spotlight on the Bear Scotland litigation in the context of other decisions on holiday pay and consider its implications. This article first appeared in the March 2015 edition of Tolley’s Employment Law Newsletter.’

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Littleton Chambers, 17th March 2015

Source: www.littleton.com

Allard and others v Chief Constable of Devon and Cornwall Constabulary – WLR Daily

Posted February 11th, 2015 in appeals, informers, law reports, police, remuneration, telecommunications, working time by sally

Allard and others v Chief Constable of Devon and Cornwall Constabulary [2015] EWCA Civ 42; [2015] WLR (D) 45

‘Police officers acting as handlers to informers, and responding to an automated out of hours telephone system, where contact was required between a handler and an informer, were entitled to overtime pay.’

WLR Daily, 3rd February 2015

Source: www.iclr.co.uk

Carrying over annual leave and back-pay: Sash Window Workshop Ltd v King – Cloisters

‘In Sash Window Workshop v King theEmployment Appeal Tribunal returned to two of the central controversies in recent holiday pay case-law. Firstly the right to carry annual leave entitlement over from one leave year to the next. Secondly the right to claim back pay for untaken leave in historic leave years, particularly upon the termination of employment.’

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Cloisters, 7th December 2014

Source: www.cloisters.com

Holiday pay – life after the EAT judgment – Halsbury’s Law Exchange

‘Last week, amid much media excitement, the Employment Appeal Tribunal handed down its judgment in the conjoined cases of Bear Scotland v Fulton, Amec v Law & Hertel v Woods. All three cases were appealing against the decisions of employment tribunals who determined that the calculating “normal remuneration” for holiday pay purposes should include overtime even if the overtime is not guaranteed.’

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Halsbury’s Law Exchange, 14th November 2014

Source: www.halsburyslawexchange.co.uk

Law urgently needed to stop backdated holiday pay claims, employers urge – The Guardian

Posted November 4th, 2014 in appeals, employment, employment tribunals, holiday pay, news, working time by sally

‘Employers are urging the government to rush through emergency legislation to save thousands of companies from having to pay out hundreds of millions of pounds in backdated holiday pay to up to 5 million people.’

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The Guardian, 3rd November 2014

Source: www.guardian.co.uk

Dreadlock holiday pay – Hardwicke Chambers

Posted June 26th, 2014 in EC law, employment tribunals, holiday pay, news, remuneration, working time by sally

’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.’

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Hardwicke Chambers, 10th June 2014

Source: www.hardwicke.co.uk

Bollacke v K + K Klaas & Kock BV & Co KG – WLR Daily

Posted June 19th, 2014 in EC law, employment, law reports, remuneration, working time by sally

Bollacke v K + K Klaas & Kock BV & Co KG (Case C-18/13); ECLI:EU:C:2014:1517; [2014] WLR (D) 254

‘Article 7 of Parliament and Council Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time precluded national legislation or practice which provided that the entitlement to paid annual leave was lost without conferring entitlement to an allowance in lieu of leave outstanding, where the employment relationship was terminated by the death of the worker. Receipt of such an allowance was not dependent on a prior application.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

Lock v British Gas Trading Ltd – WLR Daily

Posted May 29th, 2014 in EC law, employment, law reports, remuneration, working time by michael

Lock v British Gas Trading Ltd (Case C-539/12) ECLI:EU:C:2014:351;  [2014] WLR (D)  224

‘Article 7(1) of Parliament and Council Directive 2003/88/EC precluded national legislation and practice under which a worker whose remuneration consisted of a basic salary and commission, the amount of which was fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, was only entitled in respect of his paid annual leave, to remuneration composed exclusively of his basic salary. The methods of calculating the commission to which such a worker was entitled in respect of his annual leave had to be assessed by the national court or tribunal on the basis of the rules and criteria set out by the case law of the Court of Justice of the European Union and in the light of the objective pursued by article 7 of Directive 2003/88.’

WLR Daily, 22nd May 2014

Source: www.iclr.co.uk