Employee share ownership: proposals for the de-regulation of share buybacks by companies with employee shareholders – Employment Law Blog

Posted November 2nd, 2012 in company law, consultations, employment, news, shareholders by sally

“The Nuttall Review commissioned by the Department for Business Innovation and Skills and published on 4 July 2012 identified key barriers to the uptake of employee ownership and made a number of recommendations on how to reduce these barriers.”

Full story

Employment Law Blog, 1st November 2012

Source: www.employment11kbw.com

Employer’s liability for accidents resulting from excessive working hours – Hardwicke Chambers

Posted October 18th, 2012 in accidents, employment, news, working time by sally

“British workers put in some of the longest hours in Europe, and the burden falls particularly heavily on shift workers. You have often seen the signs ‘Tiredness Kills’ along motorways. In many instances this is literally true and over-tired drivers coming home from long shifts pose a real hazard to themselves and other road users.”

Full story

Hardwicke Chambers, 10th October 2012

Source: www.hardwicke.co.uk

Whistleblowing – Employment Law Blog

Posted October 4th, 2012 in disclosure, employment, legislation, news, whistleblowers by sally

“Simon Devonshire QC delivered this paper on Whistleblowing at the LexisNexis Conference.”

Whistleblowing (PDF)

Employment Law Blog, 4th October 2012

Source: www.11kbw.com

Are contract clauses stating religion of arbitrator discriminatory? – The Guardian

“A complaint to the European Commission that the supreme court’s decision in Jivraj v Hashwani breaches European laws against discrimination may have major implications for equality and religious freedom.”

Full story

The Guardian, 3rd October 2012

Source: www.guardian.co.uk

Court of Appeal ruling in ‘whistleblowing’ case – Law Society’s Gazette

“Members of limited liability partnerships are not ‘workers’ under employment legislation, the Court of Appeal ruled this week dismissing a whistleblowing claim made against City firm Clyde & Co.”

Full story

Law Society’s Gazette, 28th September 2012

Source: www.lawgazette.co.uk

Employment law reforms are licence to treat people badly – and still pay less – The Guardian

Posted September 18th, 2012 in compensation, employment, news, unfair dismissal by sally

“Government plans to cap unfair dismissal compensation will not make it easier to fire employees. It’ll just make it cheaper.”

Full story

The Guardian, 17th September 2012

Source: www.guardian.co.uk

Government targets “compensation culture” by reducing caps on unfair dismissal awards – OUT-LAW.com

Posted September 18th, 2012 in compensation, employment, news, unfair dismissal by sally

“The Government’s latest announcements on employment law reform, including a major reduction in the level of compensation that can be awarded if a worker is successful in bringing a claim for unfair dismissal, target the ‘compensation culture’ that the current system encourages, an expert has said.”

Full story

OUT-LAW.com, 17th September 2012

Source: www.out-law.com

New proposals to streamline employment law – Department for Buiness,Innovation and Skills

Posted September 14th, 2012 in employment, press releases, small businesses by sally

“Vince Cable announces measures to give firms more flexibility and confidence in managing their workforce and to reduce employment law red tape.”

Full press release

Department for Buiness,Innovation and Skills, 14th September 2012

Sorce: www.bis.gov.uk

Religious freedom in UK to be considered by Strasbourg Court – UK Human Rights Blog

“Tomorrow (4 September) the Strasbourg Court will hear complaints in four applications that UK law has failed adequately to protect the applicants’ right to manifest their religion, contrary to Articles 9 (freedom of religion) and 14 (prohibition of discrimination).”

Full story

UK Human Rights Blog, 3rd September 2012

Source: www.ukhumanrightsblog.com

Strasbourg on freedom of religion – Halsbury’s Law Exchange

“The American humourist PJ O’Rourke once said that it was funny how those who wanted to share their religious views with you, never wanted you to share yours with them. The European Court of Human Rights is about to have to share its views with all of us: this week it is hearing four cases on religion and the law.”

Full story

Halsbury’s Law Exchange, 4th September 2012

Source: www.halsburyslawexchange.co.uk

Christian rights cases go before Strasbourg court – The Guardian

“The freedom of Christians to wear crosses at work and to refuse to support same-sex relationships will come under international legal scrutiny at the European court of human rights this week.”

Full story

The  Guardian, 2nd September 2012

Source: www.guardian.co.uk

Firms do not always need to delete personal data to comply with data protection rules, says ICO – OUT-LAW.com

Posted August 30th, 2012 in data protection, employment, freedom of information, news by sally

“Organisations can temporarily keep personal data records even when the information is no longer necessary for processing purposes, the UK’s data protection watchdog has said.”

Full story

OUT-LAW.com, 29th August 2012

Source: www.out-law.com

ICO issues guidance on disclosing employee personal data under FOI – OUT-LAW.com

Posted August 30th, 2012 in data protection, employment, freedom of information, news by sally

“Local authorities and other public bodies must ensure that disclosing personal data about their employees under UK freedom of information (FOI) laws is ‘necessary’ even if they have established that it is “fair” to do so, a watchdog has said.”

Full story

OUT-LAW.com, 29th August 2012

Source: www.out-law.com

Section 7(9) DPA is about privacy, not employment disputes – Panopticon

Posted August 22nd, 2012 in data protection, disclosure, electronic mail, employment, news, privacy by sally

“Disputes about subject access requests under section 7 of the Data Protection Act 1998 only rarely make their way to the Higher Courts. The leading – and often bedevilling – case of Durant is, for example, now 9 years old. Given this scarcity of precedent from the High Court and Court of Appeal, up-to-date illustrations of the judiciary’s approach to the DPA are most usefully sought in County Court judgments – see for example Panopticon’s post on the case of Elliot v Lloyds TSB Bank from earlier this year.”

Full story

Panopticon, 22nd August 2012

Source: www.panopticonblog.com

Employment Law Update: Transfer of Undertakings (Protection of Employment) and Age Discrimination – 11 KBW

“For the benefit of anyone who has not worked in this area previously or recently, I shall summarise the basics. The relevant legal rules are found in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (‘TUPE’) which came into force on 6 April 2006. The most important change from the Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794) has been the expansion of the definition of ‘a relevant transfer’ to encompass a service provision change as well as a transfer of an economic entity which retains its identity. This is a complex area of law, in which it is often hard to discern any broad principle which indicates the correct answer to the case on your desk: it is essential always to keep referring back to and re-reading the TUPE regulations themselves.”

Full story (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

Asbestos cancer compensation scheme is ‘too limited and too late’ for victims – The Guardian

“A scheme to compensate victims of asbestos cancer will not come into force for two years, so many will die before receiving any money, the government is being warned.”

Full story

The Guardian, 19th August 2012

Source: www.guardian.co.uk

Court of Appeal Clarifies the Law on Holiday Pay for Sick Workers – Harwicke Chambers

Posted August 14th, 2012 in appeals, employment, holiday pay, news, sick leave by sally

“In the recent decision of NHS Leeds v Larner [2012] EWCA Civ 1034, the Court of Appeal confirmed that workers on sick leave are entitled to carry forward unused statutory holiday entitlement without needing to submit a formal request to do so.”

Full story

Hardwicke Chambers, 7th August 2012

Source: www.hardwicke.co.uk

Directors cannot form part of an “organised grouping of employees” for the purposes TUPE, tribunal holds – OUT-LAW.com

“Directors of a charity cannot form part of an ‘organised grouping of employees’ and so cannot take advantage of certain legal protections when the service they provide is taken in-house, the Employment Appeal Tribunal (EAT) has found.”

Full story

OUT-LAW.com, 14th August 2012

Source: www.out-law.com

Is Ravat “Old Hat”? – Cloisters

Posted August 7th, 2012 in employment, jurisdiction, news, sex discrimination by sally

“Just when it seems that a particular area of employment law looks like it might be entering a period of calm, a decision comes along to disturb the anticipated serenity.”

Full story (PDF)

Cloisters, August 2012

Source: www.cloisters.com

Welsh National Opera oboist was unfairly dismissed – BBC News

Posted August 1st, 2012 in appeals, disciplinary procedures, employment, news, unfair dismissal by sally

“The Welsh National Opera unfairly dismissed its former principal oboist, the Court of Appeal has ruled.”

Full story

BBC News, 31st July 2012

Source: www.bbc.co.uk