‘Victims will no longer be prevented from accessing support or legal advice under plans to crack down on the misuse of non-disclosure agreements (NDAs).’
Ministry of Justice, 28th March 2024
Source: www.gov.uk
‘A recurring conundrum lies at the heart of current anti-trafficking law and policy. Despite enormous efforts by civil society organizations, corporations, and governments to reduce human trafficking in supply chains, and the introduction of legislation in various countries that requires corporations to take active actions in this field, there is wide agreement that, so far, the desired change has not occurred. This article addresses this puzzle through studying the vibrant anti-trafficking activity in the UK construction sector that emerged following the enactment of the UK Modern Slavery Act 2015 (MSA). Applying socio-legal methods, the article unpacks the structural dynamics that shape the implementation of the MSA in the construction sector. We find that the Act exacerbates the imbalanced power relations between firms and anti-trafficking initiatives, positioning the latter as suppliers of modern slavery risk solutions that are dependent on corporate will and funding. The article demonstrates that anti-trafficking initiatives in the construction sector largely follow a “supply chain logic” that significantly limits their capacities to transform corporate behavior. We develop the notion of “anti-trafficking chains” to describe the dynamics of anti-trafficking activities in supply chains and to problematize the entanglement of anti-trafficking actors in supply chain power structure and logic.’
Law & Social Inquiry, 14th February 2024
Source: www.cambridge.org
‘Can a moment have heat? As time lacks mass, not literally. Yet we understand the metaphor of the distraction of intense heat. Under pressure, angry, anxious, or upset people say things that they do not really mean. Or, more precisely, they do mean them at that moment of intense heat, but we understand that their words exaggerate their feelings. When the moment has passed and they have had time to cool down, they regret their hot, angry, impulsive insults and decisions.’
UK Labour Law, 26th March 2024
Source: uklabourlawblog.com
‘At least £284m has been unclaimed from accidents at work in 2023, with workers increasingly reluctant to seek compensation from their employer, according to National Accident Helpline (NAH).’
Legal Futures, 26th March 2024
Source: www.legalfutures.co.uk
‘The County Court has given judgment in Ali v Green Party of England and Wales [Central London County Court, 9 February 2024]. For the first time, the court had to consider the interaction between the Equality Act 2010 association provisions, the protected characteristic of belief, and the rights of political parties and their members under the European Convention on Human Rights. The decision will be of great interest to political parties and campaigners of all kinds.’
Cloisters, 9th February 2024
Source: www.cloisters.com
‘This article addresses work-related and gendered harms of the “hostile environment”, a set of measures implemented through the Immigration Acts of 2014 and 2016, which aims to make life in the UK impossible for irregular migrants. The hostile environment criminalises work without legal status, facilitates data sharing between public bodies and immigration enforcement, and restricts access services and benefits. The article examines factors that can make women susceptible to irregularity and exposure to hostile environment measures, and distinctive forms of gendered harm such as workplace sexual harassment. It argues that the detrimental impacts of the hostile environment contravene international and regional human rights obligations. Barring certain migrants from access to the labour market may violate the socio-economic right to work and/ or the right to private and family life, while a lack of access to legal remedy or labour inspection fuelled can violate migrants’ right to decent work and undermine protections against forced labour. The UK’s recent ratification of the Council of Europe’s “Istanbul Convention” and ILO Convention 190 on violence and harassment at work signifies a renewed commitment to safeguarding women regardless of migration status, but the universalistic potential of these instruments is undermined by the hostile environment’s continued operation.’
Industrial Law Journal, March 2024
Source: academic.oup.com
‘As all employment lawyers know, in order to protect them from being taken advantage of by unscrupulous employers, employees cannot ordinarily contract out of their employment rights. There are only two exceptions. They can do so in a contract of settlement made with the assistance of ACAS, known as a “COT3”, or they can do so in “qualifying settlement agreement”, but not otherwise.’
Parklane Plowden Chambers, 12th February 2024
Source: www.parklaneplowden.co.uk
‘An experienced primary school head teacher sacked for assault after tapping her own son’s hand to stop him playing with a bottle of hand sanitiser was unfairly dismissed, an employment tribunal has ruled.’
The Independent, 9th March 2024
Source: www.independent.co.uk
‘Calculating statutory holiday entitlements and pay has been an area of legal uncertainty, causing practical challenges for employers, for many years now. The Government has tried to resolve some of these with new legislation and provisions to update the law on holiday pay and calculation that came into force on 1 January 2024. It has also issued non-statutory guidance on the changes and separate non-statutory guidance on holiday entitlement generally which seeks to explain, in simple terms, workers’ entitlement to annual leave and pay.’
Kingsley Napley Employment Law Blog, 7th March 2024
Source: www.kingsleynapley.co.uk
‘The Claimant/Appellant applied to the Employment Tribunal to be allowed to record a three-day preliminary hearing. The Employment Judge declined to grant the application as he was not satisfied with the evidence in support or that there was any significant disadvantage to the Appellant. In reaching his decision, the Judge did not refer to the guidance provided on this question in Heal v University of Oxford [2020] ICR 1294. Although the guidance in Heal is not mandatory, is in important in considering an application to record proceedings and by not referring to it, the Judge then failed to take into account factors material to the assessment of the Appellant’s application. The Judge should therefore have granted the application and it was right to make a declaration that the decision not to do so was unlawful.’
Parklane Plowden Chambers, 27th February 2024
Source: www.parklaneplowden.co.uk
‘Questions are being raised about the role of the law in dealing with issues associated with the menopause in the workplace following the recent publication by the Equality and Human Rights Commission (EHRC) of the Guidance on the Menopause for Employers. The Guidance refers to the possibility of using discrimination law, in particular the disability provisions, to help women request adjustments in the workplace, and claim harassment if they are subject to unwelcome comments or behaviours because of the symptoms they are experiencing. This blog considers how the current legal framework needs some rethinking and adaptation given the number of workers affected by the menopause and the types of issues that have been raised in the workplace as a result.’
UK Labour Law Blog, 8th March 2024
Source: uklabourlawblog.com
‘Relief from Sanctions applications continue to take up a disproportionate amount of court time both in the lower Courts and on appeal. It is rare for a week to go by without some aspect of CPR 3.9 and Denton and others v TH White Ltd and another [2014] EWCA Civ 906 (Denton) being the subject of scrutiny. The all-pervasive nature of Denton has led to such applications being made when arguably it was unnecessary or erroneously applied.’
Pump Court Chambers, 13th February 2024
Source: www.pumpcourtchambers.com
‘Yesterday [22 February], the Equality and Human Rights Commission (EHRC) published new guidance on an employer’s legal obligations towards employees who experience menopause and perimenopause..
Kingsley Napley Employment Law Blog, 23rd February 2024
Source: www.kingsleynapley.co.uk
‘The Equality and Human Rights Commission (EHRC) has issued guidance on menopause in the workplace, setting out employers’ legal obligations under the Equality Act 2010.’
Local Government Lawyer, 28th February 2024
Source: www.localgovernmentlawyer.co.uk
‘Unions and workers’ rights groups are urging the government to reconsider plans to reintroduce fees for employment tribunals amid fears it will encourage exploitation.’
The Guardian, 26th February 2024
Source: www.theguardian.com
‘The Information Commissioner’s Office (ICO) says Serco Leisure has been unlawfully processing the biometric data of more than 2,000 employees at 38 UK leisure facilities.’
BBC News, 23rd February 2024
Source: www.bbc.co.uk
‘The ruling highlights the power imbalance between precarious tutors and the prestigious institution, prompting calls for a re-evaluation of employment practices in higher education.’
Solicitors Journal, 22nd February 2024
Source: www.solicitorsjournal.com
‘Employers could be sued for disability discrimination if they fail to make “reasonable adjustments” for women going through menopause under new guidance issued by the Equality and Human Rights Commission (EHRC) on Thursday, amid concern over the number of women leaving their jobs due to symptoms.’
The Guardian, 22nd February 2024
Source: www.theguardian.com
‘UK employers faced with industrial action need to understand the steps that a trade union must take before they can lawfully make a call for industrial action and the timing of those steps.’
OUT-LAW.com, 16th February 2024
Source: www.pinsentmasons.com
‘A company has been fined £450,000 and the firm’s director has received a suspended prison sentence after a labourer was crushed to death at a construction site.’
Crown Prosecution Service, 15th February 2024
Source: www.cps.gov.uk
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