‘A Met Police officer who passed information to staff at an embassy without authorisation has been dismissed from the force.’
The Independent, 31st May 2024
Source: www.independent.co.uk
‘A Hampshire teacher convicted of online grooming has been banned from the classroom indefinitely.’
The Independent, 31st May 2024
Source: www.independent.co.uk
‘A primary school teacher has been banned from the profession after being convicted of making and distributing indecent photos of children, as well as attempting to engage in sexual communication with a child.’
BBC News, 29th May 2024
Source: www.bbc.co.uk
‘A doctor who inappropriately touched two junior female colleagues has been struck off the medical register.’
BBC News, 28th May 2024
Source: www.bbc.co.uk
‘A “callous” and “cruel” nurse who physically abused vulnerable patients on a mental health unit in north Wales has been struck off.’
BBC News, 24th May 2024
Source: www.bbc.co.uk
‘In the Court of Appeal decision in Burn v Alder Hey (Burn), there are obiter suggestions that the employment contract contains an implied term that would require the employer to act fairly during a disciplinary process. In a recent article in this journal, Collins and Golding (the authors) endorse this direction of travel and explore what they see as a number of advantages that would accrue for employees (and other workers) should the courts hold that such a term is indeed part of the law of contract. This article seeks to argue that recognition of the term would be misguided.’
Industrial Law Journal, 13th May 2024
Source: academic.oup.com
‘The High Court has rejected the Solicitors Regulation Authority’s (SRA) appeal against a £75,000 costs order made after its failed prosecution of a solicitor.’
Legal Futures, 20th May 2024
Source: www.legalfutures.co.uk
‘A nurse who killed a great-grandfather in a drink-drive hit-and-run has been struck off.’
BBC News, 17th May 2024
Source: www.bbc.co.uk
‘The Solicitors Regulation Authority (SRA) needs more powers to prevent misconduct by law firms involved in strategic litigation against public participation (SLAPPs), peers have urged.’
Legal Futures, 15th May 2024
Source: www.legalfutures.co.uk
‘Prisoners who break the rules while behind bars face new community payback-style punishments like repair work and litter picking, under tough prison rules to be set out this week.’
Ministry of Justice, 13th May 2024
Source: www.gov.uk
‘The past decade has seen a marked shift in the regulatory landscape of UK higher education. Institutions are increasingly assuming responsibility for preventing campus sexual misconduct, and are responding to its occurrence through – amongst other things – codes of (mis)conduct, consent and/or active bystander training, and improved safety and security measures. They are also required to support victim-survivors in continuing with their education, and to implement fair and robust procedures through which complaints of sexual misconduct are investigated, with sanctions available that respond proportionately to the seriousness of the behaviour and its harms. This paper examines the challenges and prospects for the success of university disciplinary processes for sexual misconduct. It focuses in particular on how to balance the potentially conflicting rights to privacy held by reporting and responding parties within proceedings, while respecting parties’ rights to equality of access to education, protection from degrading treatment, due process, and the interests of the wider campus community. More specifically, we explore three key moments where private data is engaged: (1) in the fact and details of the complaint itself; (2) in information about the parties or circumstances of the complaint that arise during the process of an investigation and/or resultant university disciplinary process; and (3) in the retention and disclosure (to reporting parties or the university community) of information regarding the outcomes of, and sanctions applied as part of, a disciplinary process. We consider whether current data protection processes – and their interpretation – are compatible with trauma-informed practice and a wider commitment to safety, equality and dignity, and reflect on the ramifications for all parties where that balance between rights or interests is not struck.’
Legal Studies, 3rd May 2024
Source: www.cambridge.org
‘The first part of this blog outlined the facts and decision in the Supreme Court case, Secretary of State for Business and Trade v Mercer, as well as the approach the Court took in distinguishing between private sector and public sector employment. The second part of this blog considers the approach of the Supreme Court in distinguishing between the “core” and “essential” in respect of trade union rights. While the reasoning of the European Court of Human Rights (ECtHR) is sometimes a little opaque, these two terms are not interchangeable in RMT. The right to strike is not yet designated as an “essential” trade union freedom, though it is an integral prop to other “essential” rights such as the right to make representations and the right to bargain collectively. In RMT, the distinction between “core” and “accessory” is being used in a different sense, to emphasise gradations of importance within a specific right (“essential” or otherwise). In RMT, for example, the Court was drawing a distinction between primary strike action, which was “core” and deserving of stronger protection, and “secondary” strike action which was “accessory” and therefore amenable to a wider margin of appreciation. The situation in Mercer involved a primary strike, and hence applying RMT it was at the “core” of the right to strike. This conceptual distinction is therefore internal to the right to strike. It is very likely that the right to bargain collectively, essential in Article 11 terms, also has “core” and “accessory” elements to it.’
Oxford Human Right Hub, 10th May 2024
Source: ohrh.law.ox.ac.uk
‘Individual strikers are protected from dismissal where they are dismissed for participating in “protected” (i.e lawful and official) industrial action, under s. 238A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). However, there are many ways in which employers can penalise individual strikers other than through dismissal, such as through demotion, suspension, fines, disciplinary warnings, and disproportionate pay deductions. In Secretary of State for Business and Trade v Mercer, the Supreme Court considered if a worker proposing to strike was protected from “detriment” under TULRCA 1992, s. 146. This was because it concerned her participation in the “activities of an independent trade union”. The Supreme Court concluded that strike action was excluded from s.146, principally because it was not “at an appropriate time” [44]-[45]. This meant that there was no statutory protection for the claimant, Ms Mercer, who (on the assumed facts) had been suspended for activities connected to a lawful and official strike. The effect of this was to create a zone of impunity for employers engaged in the selective victimisation of individual strikers.’
Oxford Human Rights Hub, 10th May 2024
Source: ohrh.law.ox.ac.uk
‘The Solicitors Regulation Authority (SRA) has called for the power to launch “wide-sweeping inspections” of law firms without needing the trigger of a specific allegation of misconduct.’
Legal Futures, 8th May 2024
Source: www.legalfutures.co.uk
‘Thomas Horton writes for Football Law, on 26 February 2024, it was announced that Everton Football Club (“EFC”) had succeeded in its appeal against a Premier League Commission’s decision to sanction EFC with an immediate ten-point deduction for EFC’s breach of the Premier League’s (“PL”) Profitability and Sustainability Rules (“PSR”) (found in section E of the PL Rules) for the period ending season 2021/22.’
3 Hare Court. 11th March 2024
Source: www.3harecourt.com
‘In PSA v NMC and Kadiatu Jalloh [2023] EWHC 3331 (Admin), the Administrative Court allowed the PSA’s referral of the NMC’s decision only to suspend the Registrant, a psychiatric nurse. The proceedings in the High Court were, essentially, an appeal against sanction on the ground that it was too lenient.’
2 Hare Court, 5th April 2024
Source: www.2harecourt.com
‘The High Court has rejected a judicial review claim brought by a City Technology College, which challenged a decision by Ofsted to rate the leadership and management at the school as ‘good’, rather than ‘outstanding’.’
Local Government Lawyer, 25th April 2024
Source: www.localgovernmentlawyer.co.uk
© Inner Temple Library 2024