“There was a collective sigh of relief last week as the Supreme Court overturned an appellate court ruling to find that arbitrators cannot be classed as employees and therefore are not subject to UK equality rules.”
The Lawyer, 1st August 2011
Source: www.thelawyer.com
“An arbitration agreement could lawfully require that the arbitrators appointed had to be members of a particular religious community since the Employment Equality (Religion or Belief) Regulations 2003, which prohibited employers from discriminating on religious grounds, did not apply to the selection or appointment of arbitrators, who were not employees of the arbitrating parties appearing before them. An arbitration clause in a commercial agreement between two members of the Ismaili community requiring that, in the event of a dispute between them, any arbitrators they appointed had to be members of the Ismaili faith was therefore valid and precluded the appointment by one of the parties of a non-Ismaili.”
WLR Daily, 27th July 2011
Source: www.iclr.co.uk
“The Supreme Court has ruled that arbitrators are not employees for the purposes of employment equality legislation.”
Law Society’s Gazette, 27th July 2011
Source: www.lawgazette.co.uk
“Victims of sexual abuse by priests will no longer be able to sue the Catholic church for damages if a landmark judgment rules that priests should not be considered as employees.”
The Guardian, 24th July 2011
Source: www.guardian.co.uk
“Teachers working for the UK Government in European Schools should have the same protections from unfair dismissal as those working in the UK, the Supreme Court has ruled.”
OUT-LAW.com, 21st July 2011
Source: www.out-law.com
“The Roman Catholic church’s liability for the wrongdoings of its priests is being tested in a high court hearing that could have a significant impact on clerical sexual abuse cases.”
The Guardian, 6th July 2011
Source: www.guardian.co.uk
“The government has been accused of betraying Britain’s 200-year history in the fight against slavery and of isolating itself on the world stage after refusing to back an international convention protecting domestic workers from exploitation.”
The Guardian, 15th June 2011
Source: www.guardian.co.uk
“Keri Hudson should be happy about her recent victory. She is one of the first interns in the UK to take on their employer and win the right to be recognised as a paid worker. In January, after six weeks of interning without pay for the online review site My Village, Hudson, 21, resigned in disgust.”
The Guardian, 23rd May 2011
Source: www.guardian.co.uk
“The Government has been accused of ‘saying one thing and doing another’ after bringing in new employment rules less than a week after announcing a review of workplace law.”
Daily Telegraph, 16th May 2011
Source: www.telegraph.co.uk
“Ministers claim reforms will make it easier for businesses to grow but unions say change will ‘reward bad employers who disadvantage women and ethnic minority workers’.”
The Guardian, 11th May 2011
Source: www.guardian.co.uk
“The government is to extend its review of employment law to tighten up discrimination compensation and dilute rules protecting employees’ rights when a business is transferred from one owner to another.”
The Guardian, 11th May 2011
Source: www.guardian.co.uk
“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.”
The Guardian, 3rd May 2011
Source: www.guardian.co.uk
“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).”
Law Society’s Gazette, 19th April 2011
Source: www.lawgazette.co.uk
“Employment solicitors have seen a surge in clients seeking advice on work-related disputes, according to figures seen by the Gazette.”
Law Society’s Gazette, 8th April 2011
Source: www.lawgazette.co.uk
“Changes to employment laws announced in last week’s budget are encouraging for small employers but could disproportionately affect women, solicitors have warned.”
Law Society’s Gazette, 30th March 2011
Source: www.lawgazette.co.uk
“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.”
The Lawyer, 28th March 2011
Source: www.thelawyer.com
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) (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.
“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.”
Daily Telegraph, 9th March 2011
Source: www.telegraph.co.uk
“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.
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