Archive for the 'employment' Category

Employment law changes would shift balance in bosses’ favour – The Guardian

“If the government pushes ahead with plans to double the one-year qualifying period, employees could have to work for two years before having the right to claim unfair dismissal.”

Full story

The Guardian, 3rd May 2011

Source: www.guardian.co.uk

TUC warns against impact of employment law reforms – Law Society’s Gazette

“Government plans for reform of employment tribunals will discriminate against black and minority ethnic groups, disabled people, women, and young workers, according to the Trades Union Congress (TUC).”

Full story

Law Society’s Gazette, 19th April 2011

Source: www.lawgazette.co.uk

Employment lawyers see surge in disputes – Law Society’s Gazette

“Employment solicitors have seen a surge in clients seeking advice on work-related disputes, according to figures seen by the Gazette.”

Full story

Law Society’s Gazette, 8th April 2011

Source: www.lawgazette.co.uk

Employment law changes could ‘disproportionately affect women’ – Law Society’s Gazette

“Changes to employment laws announced in last week’s budget are encouraging for small employers but could disproportionately affect women, solicitors have warned.”

Full story

Law Society’s Gazette, 30th March 2011

Source: www.lawgazette.co.uk

Employment Tribunal unequivocal on discrimination stance as gay lawyer wins action – The Lawyer

“A gay lawyer who discovered a note from one of his firm’s partners that accused him of giving work to his ‘batty boy mate’ has won a discrimination fight against the firm.”

Full story

The Lawyer, 28th March 2011

Source: www.thelawyer.com

Borger v Tiroler Gebietskrankenkasse – WLR Daily

Borger v Tiroler Gebietskrankenkasse (Case C-516/09); [2011] WLR (D) 89

“The status of an ’employed person’, within the meaning of article 1(a) of Council Regulation (EEC) No 1408/71, as amended , applied to a person during a six-month period of extended unpaid leave following the birth of a child, provided that, during that period, that person was covered, even if only in respect of a single risk, on a compulsory or optional basis, by a general or special social security scheme mentioned in article 1(a) of that Regulation.”

WLR Daily, 10th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Claes v Landsbanki Luxembourg SA (in liquidation) – WLR Daily

Claes v Landsbanki Luxembourg SA (in liquidation) (Joined Cases C-235/10–239/10); [2011] WLR (D) 74

“Articles 1 and 3 of Council Directive 98/59/EC, concerning the procedure to be adopted upon collective redundancies, applied to the termination of the activities of an employing establishment as a result of a judicial winding up on grounds of insolvency, even where, in the event of such a termination, national legislation provided for the termination of employment contracts with immediate effect. Until the legal personality of an establishment whose dissolution and winding up had been ordered had ceased to exist, the obligations under article 2 and 3 of the Directive, concerning consultation of employees and notification of public authorities, had to be fulfilled.”

WLR Daily, 9th March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Background: the Employment Equality (Religion or Belief) Regulations 2003 – Daily Telegraph

“A short guide to the Employment Equality (Religion or Belief) Regulations 2003, which have allowed a man’s views on foxhunting to be placed on a par with religious belief.”

Full story

Daily Telegraph, 9th March 2011

Source: www.telegraph.co.uk

Vicoplus SC PUH v v Minister van Sociale Zaken en Werkgelegenheid; BAM Vermeer Contracting sp. zoo v Same; Olbek Industrial Services sp. zoo v Same – WLR Daily

Vicoplus SC PUH v v Minister van Sociale Zaken en Werkgelegenheid; BAM Vermeer Contracting sp. zoo v Same; Olbek Industrial Services sp. zoo v Same (Case C-307/09 to C-309/09); [2011] WLR (D) 46

“Articles 56FEU and 57FEU of the FEU Treaty did not preclude a member state from making the hiring out on its territory of workers who were Polish nationals subject to the obtaining of a work permit during the transitional period provided for in paragraph 2 of Chapter 2 of Annex XII to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2003 L236, p 33). The hiring out of workers, within the meaning of article 1(3)(c) of Parliament and Council Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ 1997 L18, p1), was a service provided for remuneration in respect of which the worker who had been hired out remained in the employ of the undertaking providing the service, no contract of employment having been entered into with the user undertaking.”

WLR Daily, 15th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten – WLR Daily

Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten C-30/10; [2011] WLR (D) 44

“A provision of national law which excluded an employee from entitlement under the guarantee of payment of employees’ outstanding claims in the event of their employer’s insolvency, on the ground that the employee within the six months preceding the application for a declaration of insolvency had been the owner of an essential part of the undertaking or business concerned and had had a considerable influence on it activities, was compatible with Parliament and Council Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer.”

WLR Daily, 14th February 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Orr v Milton Keynes Council – WLR Daily

“The employer’s knowledge for the purposes of section 98(4) of the Employment Rights Act 1996 was that of the person who was deputed to carry out the employer’s functions.”
WLR Daily, 2nd February 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

CLECE SA v Martín Valor and another – WLR Daily

CLECE SA v Martín Valor and another (Case C-463/09); [2011] WLR (D) 12

“Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees’ rights in the event of transfers of undertakings and businesses did not apply to a situation in which a municipal authority which had contracted out the cleaning of its premises to a private company decided to terminate its contract with that company and to undertake the cleaning of those premises itself by hiring new staff for that purpose.”

WLR Daily, 24th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

What to do with your law intern – The Guardian

“Employers are under pressure to up their game when it comes to temporary placements.”

Full story

The Guardian, 13th January 2011

Source: www.guardian.co.uk

The Public Sector Equality Duty – Speech by Mr. Justice Sales

“Mr. Justice Sales gave a lecture for ELBA and ALBA on 13th December 2010.”

Full speech

Judiciary of England and Wales, 13th December 2010

Source: www.judiciary.gov.uk

Government will introduce right to employ based on race and gender – OUT-LAW.com

“The Government has said that it will allow organisations to choose job candidates on the basis of their gender, race or disability in limited circumstances.”

Full story

OUT-LAW.com, 10th December 2010

Source: www.out-law.com

Shanks v Unilever plc and others – WLR Daily

Shanks v Unilever plc and others [2010] EWCA Civ 1283; [2010] WLR (D) 300

“‘That person’ in s 41(2) of the Patents Act 1977 meant the actual assignee with its actual attributes rather than a notional non-connected counterparty operating in the appropriate market at the appropriate time.”

WLR Daily, 26th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Inventor entitled to share of employer’s actual, not potential patent earnings, says Court of Appeal – OUT-LAW.com

“The inventor of a medical device is entitled to a ‘fair share’ of the actual benefit earned from that device by his employer, the Court of Appeal has ruled. An inventor cannot complain if his employer did not exploit the invention well or at all, it said.”

Full story

OUT-LAW.com, 29th November 2010

Source: www.out-law.com

Fixed share partners are not employees, EAT rules – The Lawyer

“An attempt to have fixed share partners legally defined as employees has failed at the Employment Appeal Tribunal.”

Full story

The Lawyer, 26th November 2010

Source: www.thelawyer.com

Employers of illegal workers failing to pay fines – The Guardian

“The UK Border Agency (UKBA) has failed to create a ‘hostile environment’ for employers of illegal migrant workers in Britain who have escaped tens of millions of pounds of unpaid fines, according to an official report published today.”

Full story

The Guardian, 18th November 2010

Source: www.guardian.co.uk

Public bodies face compliance dilemma with Equality Act’s demands – OUT-LAW.com

“Most of the Equality Act came into force earlier this month. One key part, though, will not take effect until April. The trouble is that it could impose a huge obligation on organisations and give them almost no time to meet its demands.”

Full story

OUT-LAW.com, 26th October 2010

Source: www.out-law.com

Threlfall v Hull City Council – WLR Daily

Threlfall v Hull City Council [2010] EWCA Civ 1147; [2010] WLR (D) 262

“In cases where an employee had been provided with equipment to use in his employment, but injury had occurred and the question arose whether such ‘personal protective equipment’ had been ‘suitable’ for regulatory purposes and issues of negligence, regard was to be given to both regs 4 and 6 of the Personal Protective Equipment at Work Regulations 1992; and the concept of ‘effectiveness’ was at the heart of the issue of suitability.”

WLR Daily, 21st Octbober 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Equality Act will spark a ‘wave’ of work claims – The Lawyer

“Lawyers predict that he implementation of the Equality Act will lead to a rise in employment disputes as they take to the courts to test the boundaries of the legislation.”

Full story

The Lawyer, 11th October 2010

Source: www.thelawyer.com

Courts will ‘struggle to cope’ with Equality Act caseload – Law Society’s Gazette

“Employment lawyers have warned that tribunals could be ‘submerged’ by a surge in cases stemming from the Equality Act 2010, which came into force this month.”

Full story

Law Society’s Gazette, 7th October 2010

Source: www.lawgazette.co.uk

Baby P clinic doctor Kim Holt to sue NHS – BBC News

“A doctor who raised concerns about the clinic where Baby P was seen days before his death is suing the NHS, claiming she was forced out of her job.”

Full story

BBC News, 20th September 2010

Source: www.bbc.co.uk

Diplomat ‘denied foreign post due to her deafness’ – The Independent

“A foreign office high-flier appointed as Britain’s deputy ambassador to Kazakhstan has had her posting revoked after officials ruled that her deafness makes it too expensive to send her abroad. Jane Cordell, who was lauded for her work championing disability rights during a previous diplomatic role in Poland, is suing the Foreign Office for discrimination after being told that the additional cost of providing her with trained ‘lip speakers’ to enable her to work can no longer be justified from the public purse.”

Full story

The Independent, 14th September 2010

Source: www.independent.co.uk

Companies need protection from criminal actions of staff, says Law Commission – Daily Telegraph

“Companies should have the power to defend themselves against employees’ criminal actions by proving that they took every measure to stamp out illegal practices, the Law Commission has proposed in a radical blueprint for reform.”

Full story

Daily Telegraph, 25th August 2010

Source: www.telegraph.co.uk

Drake and another v Foster Wheeler Ltd – WLR Daily

Drake and another v Foster Wheeler Ltd [2010] EWHC 2004 (QB); [2010] WLR (D) 232

“Claims for hospice care were rare and were directly analogous to recoverable claims made by claimants from tortfeasor defendants for the recovery of compensation on behalf of relatives who had provided gratuitous care to the claimant in order to alleviate the consequences of tortiously inflicted injuries.”

WLR Daily, 19th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Law firms report rise in job-related legal advice cases – The Guardian

“Solicitors are experiencing a sharp rise in the number of people seeking legal advice as to whether they have a case for unfair dismissal against their employers, despite the latest official figures last week showing a drop in unemployment.”

Full story

The Guardian, 18th August 2010

Source: www.guardian.co.uk

Dentist’s right to substitute others for himself undermines ‘worker’ claim, rules EAT – OUT-LAW.com

“A dentist did not qualify as an employee or even as a ‘worker’ under employment law because he could have supplied locums to do his work and still fulfil his contract, the Employment Appeals Tribunal (EAT) has ruled.”

Full story

OUT-LAW.com, 16th August 2010

Source: www.out-law.com

Stockton on Tees Borough Council v Aylott – WLR Daily

Stockton on Tees Borough Council v Aylott [2010] EWCA Civ 910; [2010] WLR (D) 216

“In determining pursuant to section 3A(1) of the Disability Discrimination Act 1995 whether, for a reason which related to the claimant’s disability, he had been treated less favourably than a person to whom that reason did not apply, the appropriate comparator was someone who had acted in the same way as the claimant but did not suffer from his disability, and not someone to whom the reason for the treatment complained of did not apply.”

WLR Daily, 30th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Employers warned that unpaid internships could ‘break law’ – Daily Telegraph

“Twenty-somethings working for free might be a common fixture in politics, media and fashion, but employers are almost certainly breaking the law when they take on unpaid interns because they should be giving them wages if they work, according to a new report.”

Full story

Daily Telegraph, 31st July 2010

Source: www.telegraph.co.uk

Adverts for strippers ‘to be banned from Jobcentres’ – BBC News

“A ban on using Jobcentres to advertise for strippers and lapdancers is expected to be announced this week.”

Full story

BBC News, 1st August 2010

Source: www.bbc.co.uk

Scrapped retirement age will live on in private sector, says expert – OUT-LAW.com

“The Government will scrap the law allowing organisations to force workers to retire at 65 but companies will find it easier than ever to run their own compulsory retirement schemes in the wake of a Court of Appeal ruling yesterday, an expert has said.”

Full story

OUT-LAW.com, 29th July 2010

Source: www.out-law.com

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same – WLR Daily

Regina (ZO (Somalia)) v Secretary of State for the Home Department; Regina (MM (Burma)) v Same [2010] UKSC 36; [2010] WLR (D) 203

“An asylum seeker who made a new application for asylum after his original application for asylum had finally failed, was entitled to the benefits conferred by the European Directive setting minimum standards for the reception of asylum seekers. That included an entitlement to permission to work if the new application had not been determined within one year of its presentation.”

WLR Daily, 28th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fox and others v North Cumbria University Hospitals NHS Trust – WLR Daily

Fox and others v North Cumbria University Hospitals NHS Trust [2010] EWCA civ 729; [2010] WLR (D) 169

“In order for there to be a stable employment relationship it was not necessary for there to be a succession of short term or intermittent contracts.”

WLR Daily, 2nd July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Coalition to stick with Labour’s Equality Act – BBC News

“The government is pressing ahead with Labour legislation which could require employers to disclose whether they pay women as much as men.”

Full story

BBC News, 2nd July 2010

Source: www.bbc.co.uk

Stamford restaurant faces £50,000 fine – UK Border Agency

“Five illegal workers have been caught in Stamford by our officers.”

Full press release

UK Border Agency, 21st June 2010

Source: www.ukba.homeoffice.gov.uk

‘Bullied’ lawyer launches £800,000 lawsuit against employers – Daily Telegraph

“A former top City lawyer who says she was driven to a mental breakdown by a ‘psycho’ colleague has launched an £800,000 lawsuit over claims that her employers failed to support her.”

Full story

Daily Telegraph, 23rd June 2010

Source: www.telegraph.co.uk

Chief Constable of West Yorkshire Police and another v Homer – WLR Daily

Chief Constable of West Yorkshire Police and another v Homer [2010] EWCA Civ 419; [ 2010] WLR (D) 105

“The requirement of a law degree for eligibility for the highest pay grade as a police legal adviser did not amount to discrimination against those aged over 60.”

WLR Daily, 28th April 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lady Greenfield and Royal Institution settle sex discrimination case – The Guardian

“Lady Greenfield has dropped a sex discrimination case against the Royal Institution in an undisclosed out-of-court settlement.”

Full story

The Guardian, 28th April 2010

Source: www.guardian.co.uk

Regina (Shoesmith) v Ofsted and others – WLR Daily

Regina (Shoesmith) v Ofsted and others [2010] EWHC 852(Admin); [2010] WLR (D) 102

“The duty of fairness which arose in respect of an Ofsted inspection carried out pursuant to s 20 of the Children Act 2004 was derived from a duty to carry out a bona fide and open-minded inspection into the operation of local authority departments and systems of safeguarding and not to inspect individuals. When making directions pursuant to s 497A of the Education Act 1996 (as inserted by s 8 of the School Standard and Framework Act 1998) to remove an office holder, the Secretary of State could, in certain circumstances, put the wider interests of child safeguarding above the interest of an individual office holder to be treated fairly. That should not mean that the individual concerned should be deprived of her reputation or other contractual or statutory rights. An individual removed from office pursuant to s 497A who had standing to bring a claim against the employer authority in the employment tribunal should bring that claim first and pursue a claim for judical review against her employer only as a last resort.”

WLR Daily, 26th April 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church – WLR Daily

MAGA v Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256; [2010] WLR (D) 76

“An archdiocese of the Roman Catholic Church was vicariously liable for the sexual abuse of a non-Catholic boy by a priest with special responsibility for youth work on the basis that there was a sufficient connection between the work he was employed to do and the abuse perpetrated.”

WLR Daily, 17th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Law Society TUPE action reaches the High Court – Law Society’s Gazette

“The Law Society’s legal action against the Office for Legal Complaints and the government to determine whether employment protection rules apply to staff at the Legal Complaints Service was heard in the High Court last week.”

Full story

Law Society’s Gazette, 25th February 2010

Source: www.lawgazette.co.uk

Eweida v British Airways plc – WLR Daily

Eweida v British Airways plc [2010] EWCA Civ 80; [2010] WLR (D) 37

 “A Christian employee who had been suspended from work for wearing with her uniform a small, visible cross in breach of her employer’s staff dress code, which forbade the wearing of visible neck adornment, had not suffered unlawful indirect discrimination.”

WLR Daily, 15th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Metropolitan Police officer loses racism claim – BBC News

“A Metropolitan Police officer praised by ex-London Mayor Ken Livingstone for his handling of a racist attack on him has lost a race discrimination claim.”

Full story

BBC News, 15th February 2010

Source: www.bbc.co.uk

A fifth of female lawyers choose kids over careers – The Lawyer

“The pressure of motherhood is the reason that 20 per cent of all female departees decide to leave some of the UK’s top 50 firms.”

Full story

The Lawyer, 8th February 2010

Source: www.thelawyer.com

Better worker rights laws urged to tackle poverty – BBC News

“Laws protecting workers’ rights must be improved to tackle poverty, according to the Joseph Rowntree Foundation.”

Full story

BBC News, 9th February 2010

Source: www.bbc.co.uk

Equality Commission calls for over-65s to keep working – BBC News

“People should be allowed to work beyond the age of 65 and with more flexible hours, the Equality and Human Rights Commission has said.”

Full story

BBC News, 25th January 2010

Source: www.bbc.co.uk

Do you know the hidden agenda of the Equality Bill? – OUT-LAW.com

“OPINION: Employment lawyers and HR professionals would be well advised to keep a close eye on the progress of the Equality Bill, currently being debated in the House of Lords. Initially intended as a legislative sweep-up, it now proposes major policy changes.”

Full story

OUT-LAW.com, 21st January 2010

Source: www.out-law.com

Europe’s top court says age bars for job applicants can be legal – OUT-LAW.com

“Europe’s top court has said that some employers can stop people as young as 30 from applying for some jobs because they are too old. UK Employment Tribunals will have to take account of the ruling in age discrimination cases, an expert said.”

Full story

OUT-LAW.com, 21st January 2010

Source: www.out-law.com

BA employee in legal bid over wearing cross – The Independent

“Devout Christian Nadia Eweida is appealing today against a ruling which cleared British Airways of discriminating against her by asking her to stop wearing a cross at work.”

Full story

The Independent 19th January 2010

Source: www.independent.co.uk

£150k payout for ‘bullied’ manager at Llanelli hospital – BBC News

“A hospital information manager has been awarded £150,000 compensation after claims that she was bullied at work.”

Full story

BBC News, 12th January 2010

Source: www.bbc.co.uk

UK ‘failing to protect workers from discrimination’, claims Europe – The Guardian

“The government faces legal action for failing to protect people from discrimination at work, throwing doubt on any proposals for a new law on equality.”

Full story

The Guardian, 13th December 2009

Source: www.guardian.co.uk

UK Border Agency crackdown on rogue employers – UK Border Agency

“Seventeen illegal workers have been caught in Lincolnshire by the UK Border Agency as part of an ongoing campaign to crack down on rogue employers.”

Full press release

UK Border Agency, 30th November 2009

Source: www.ukba.homeoffice.gov.uk

MPs’ spouses ‘to fight job ban’ – BBC News

“Spouses who are employed by MPs are preparing to look into legal action if they are barred from their jobs.”

Full story

BBC News, 27th October 2009

Source: www.bbc.co.uk


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