Female advocates “to lose instructions” with longer court hours – Legal Futures

Posted September 29th, 2020 in barristers, carers, coronavirus, courts, flexible working, news, solicitors, women, working time by sally

‘Criminal advocates unable to accommodate courts’ extended operating hours (EOH) – who are disproportionately women – are likely to miss out instructions even though they can ask for hearings to be held during regular hours instead, research has warned.’

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Legal Futures, 29th September 2020

Source: www.legalfutures.co.uk

Tribunal awards 10 UK homecare workers £10,000 each in back pay – The Guardian

‘Ruling says travel and waiting time between cases should be treated as working time.’

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The Guardian, 15th September 2020

Source: www.theguardian.com

Four more Nightingale courts open – Law Society’s Gazette

Posted August 18th, 2020 in coronavirus, courts, delay, news, solicitors, working time by sally

‘The Law Society has once again urged the government to avoid extending court hours to reduce the justice backlog after four more Nightingale courts opened this week.’

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Law Society's Gazette, 18th August 2020

Source: www.lawgazette.co.uk

What price solidarity among legal aid lawyers? – Legal Futures

Posted August 13th, 2020 in barristers, fees, judicial review, legal aid, news, remuneration, solicitors, working time by sally

‘Solidarity – or not – between legal aid lawyers is under the spotlight this week, with solicitors from 200 law firms coming together to force a change to immigration fees, but criminal firms falling out over Saturday work.’

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Legal Futures, 13th August 2020

Source: www.legalfutures.co.uk

Chambers giving notice on leases in wake of Covid – Legal Futures

Posted August 11th, 2020 in barristers, coronavirus, leases, news, working time by sally

‘Barristers may be keen to get back to work but they are not going back to chambers, and nearly a third of sets have given or are considering giving partial notice on their leases, according to new research.’

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Legal Futures, 11th August 2020

Source: www.legalfutures.co.uk

Circuit poll: Barristers set to quit if court hours are extended – Legal Futures

Posted July 28th, 2020 in barristers, carers, coronavirus, courts, news, women, working time by sally

‘Some 55% barristers would consider leave the Bar if the courts adopt extended operating hours (EOH) and they could set back female barristers’ progress by 50 years, research has found.’

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Legal Futures, 27th July 2020

Source: www.legalfutures.co.uk

Uber v Heller and the Prospects for a Transnational Judicial Dialogue on the Gig Economy – I – Oxford Human Rights Hub

‘Across the world, Gig employers are now facing a legal reckoning in the highest courts. On 21st July, the issue of whether Uber drivers are “workers” will be considered by a seven-member panel of the UK Supreme Court. This follows on from Mr Heller’s momentous victory in a recent decision of the Supreme Court of Canada (SCC) in Uber Technologies Inc. v. Heller which involved a legal challenge to a mandatory arbitration clause in a contract between Uber and an UberEATS driver. The arbitration clause required disputes to be referred to arbitration in Amsterdam, which would be subject to the law of the Netherlands. The clause also required the payment of US $14,500 as an upfront administrative cost. The appellant earned $20,800–$31,200 per year before taxes and expenses were deducted. Nor did the fee include other costs likely to be incurred in an arbitration, such as travel to Amsterdam, accommodation, and legal representation. Students of transnational labour law of a certain generation cut their teeth on great debates about “offshoring” and the disintegrative risks to labour standards posed by capital mobility. The Heller case is an important reminder that we are now in an era of juridical mobility: employing entities seek to escape national labour law systems without the cost and inconvenience of spatial mobility.’

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Oxford Human Rights Hub, 19th July 2020

Source: ohrh.law.ox.ac.uk

Angry Bar Council mocks Buckland over profession’s support – Legal Futures

Posted July 14th, 2020 in barristers, civil justice, coronavirus, criminal justice, delay, news, working time by tracey

‘The Bar Council has come out fighting after the Lord Chancellor told the Today programme that there was “a lot of support” from the legal profession for extending court sitting hours to help recover from the Covid-19 pandemic.’

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Legal Futures, 14th July 2020

Source: www.legalfutures.co.uk

Guidance on making staff take holiday during the Coronavirus outbreak – Cloisters

Posted June 2nd, 2020 in contract of employment, coronavirus, EC law, holidays, news, working time by sally

‘In this article, Declan O’Dempsey considers the implications of the Guidance issued by the government on 13 May 2020 on holiday entitlement and pay during coronavirus (Covid-19) and urges employers to use considerable caution in seeking to follow the Guidance ordering workers to take annual leave on dates specified by the employer. Employers who choose to order staff to take holidays on specific dates within the Coronavirus outbreak shut down may face contractual or tribunal claims later. Further, the legal uncertainty may mean that they will face claims for penalising those who assert a right to take annual leave at a non-Covid 19 affected time or who refuse to take the leave as annual leave.’

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Cloisters, 19th May 2020

Source: www.cloisters.com

Working from Home during COVID-19 – Thomas More Chambers

‘During these unprecedented times, working from home on a full-time basis has become the ‘new normal’. This is in stark contrast to before the coronavirus (COVID-19) pandemic began, when out of 32.6 million people in employment, only 1.7 million regularly worked from home. The change to enforced homeworking was swift and represented significant changes to the lifestyle and routines of both employers and employees, which, in turn, creates a number of legal and practical issues for employers. It is currently unknown how long homeworking will last for, or indeed if the outbreak of COVID-19 will cause a shift towards homeworking on a permanent basis.’

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Thomas More Chambers, 30th April 2020

Source: www.thomasmore.co.uk

Court wellbeing protocol targets ‘last minute’ culture – Legal Futures

Posted January 14th, 2020 in electronic mail, family courts, news, working time by sally

‘Birmingham Family Court will today introduce a wellbeing protocol which aims to end a ‘last minute’ work culture that increases stress on practitioners outside of work hours.’

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Legal Futures, 14th January 2020

Source: www.legalfutures.co.uk

Top law firm criticised for ‘chaining employees to desk’ with 24-hour concierge service – Daily Telegraph

Posted September 2nd, 2019 in employment, flexible working, law firms, news, solicitors, working time by sally

‘A law firm has given its solicitors a concierge service to run their errands, prompting criticism that they are trying to chain staff to their desks.’

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Daily Telegraph, 31st August 2019

Source: www.telegraph.co.uk

CBA chief criticises senior judiciary over wellbeing failure – Legal Futures

Posted August 29th, 2019 in barristers, electronic mail, health, judiciary, news, working time by tracey

‘The outgoing chair of the Criminal Bar Association (CBA) has criticised senior judges for failing to follow their Family Division colleagues in adopting email and sitting hours protocols to aid wellbeing.’

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Legal Futures, 29th August 2019

Source: www.legalfutures.co.uk

Working on the Sabbath: City of Oxford Bus Services Ltd v Harvey – Law & Religion UK

‘In The City of Oxford Bus Services Ltd (t/a Oxford Bus Company) v Harvey [2018] UKEAT 0171 18 2112, the Company employed Mr Harvey, a Seventh Day Adventist, as a bus driver. Drivers were required to work on five out of seven days each week, including on Fridays and Saturdays but Mr Harvey, as an Adventist, was obliged to respect the Sabbath by not working between sunset on a Friday and sunset on a Saturday.’

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Law & Religion UK, 18th March 2019

Source: www.lawandreligionuk.com

Crime barristers threaten unilateral action over working hours – Legal Futures

Posted February 26th, 2019 in barristers, criminal procedure, electronic mail, news, working time by tracey

‘Criminal law barristers cannot go on without “sensible parameters” for sitting hours and overnight working and will take action if the judiciary does not, the head of their representative body said yesterday.’

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Legal Futures, 26th February 2019

Source: www.legalfutures.co.uk

John Bowers QC on Employment Law: November Blog – Littleton Chambers

‘This month I look at a recent case on foster carers and working time, the ethos of religion defence in the Equality Act 2010 and the Supreme Court case of O’Connor v Bar Standards Board.’

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Littleton Chambers, 29th November 2018

Source: www.littletonchambers.com

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