Safe in Leicester Town? Law’s Reach to Those Working for Less Than the National Minimum Wage – Industrial Law Journal

Posted March 27th, 2025 in employment, forced labour, human rights, identification, news, remuneration by sally

‘This article examines the origins of paragraph 2.42 of the guidance issued under the Modern Slavery Act 2015, which concerns identification. It traces the origins of this paragraph to a divergence of legal approach between the Supreme Court of India (SCI) and the International Labour Organisation on a presumption of economic coercion amongst those working for less than the legally mandated minimum wage. The approach of the ILO has since evolved, but its position in 2005–6 is reflected in paragraph 2.42. That which of the two approaches is taken matters can be seen in the response to wage conditions amongst garment workers in Leicester. The difference had two aspects: first, the characterisation of freedom or otherwise of those working for less than the minimum wage and second, responsibilities in law. It will be argued that the reasoning of the SCI provides a sounder starting point. The article will first consider relevant economic theories. Next, it will examine whether the guidance can legitimately prevent human rights law from drawing on breaches of labour law and how this affects responsibilities for fundamental labour rights. Following, UK national minimum wage law will be considered. Finally, amendment to the guidance is recommended, with practical illustrations.’

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Industrial Law Journal, 28th February 2025

Source: academic.oup.com

What does a recent Court of Appeal ruling on the case of a sacked Christian school worker mean for businesses? – Kingsley Napley Employment Law Blog

‘Eugenie Freeman and Emily Halcrow explain how an employee’s right to their beliefs can be balanced against an employer’s duty to prevent discrimination.’

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Kingsley Napley Employment Law Blog, 20th March 2025

Source: www.kingsleynapley.co.uk

Human rights of businesses in the UK – OUT-LAW.com

‘While it is often assumed that human rights are reserved for human beings, companies are legal persons having rights in law and do enjoy the protections afforded by human rights legislation.’

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OUT-LAW.com, 24th March 2025

Source: www.pinsentmasons.com

Unprofessional conduct vs freedom of religious expression: Leger – Law & Religion UK

‘In R (Leger) v Secretary of State for Education [2025] EWHC 665 (Admin), Ms Gladwys Leger was a teacher at Bishop Justus Church of England School [5]. She is “a born-again ‘conservative’ Roman Catholic” who believes that biological sex is immutable and should not be tampered with and that sexual relationships should only exist within a marriage between a man and a woman [8]. She brought a claim arising from her dismissal from the school.’

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Law & Religion UK, 24th March 2025

Source: lawandreligionuk.com

High Court rejects claims of “combined duty” on council to operate system that ensures provision of same-sex personal care – Local Government Lawyer

‘The High Court has dismissed a judicial review application brought on behalf of a young woman with severe disabilities in relation to the local council’s provision of same-sex personal and intimate care for women service users.’

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Local Government Lawyer, 17th March 2025

Source: www.localgovernmentlawyer.co.uk

What could Apple’s high court challenge mean for data protection? – The Guardian

‘Apple will challenge a UK government demand to access encrypted customer data at a high court hearing in London on Friday. The appeal will be considered by the investigatory powers tribunal, which investigates claims the domestic intelligence services have acted unlawfully.’

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The Guardian, 14th March 2025

Source: www.theguardian.com

Significant Article 6 ECHR Decision on Courts’ Ability to Suspend Orders Pending Appeal – UK Human Rights Blog

Posted March 11th, 2025 in appeals, Crown Court, human rights, magistrates, news by tracey

‘The High Court has handed down its judgment in Chief Constable of Humberside Police v Kelly Morgan [2024] EWHC 2859 (Admin). This is a significant human rights case which concerns whether the Crown Court has the power to suspend orders made by the lower court pending an ongoing appeal.The human rights arguments related to the closure order regime. Such orders are made by magistrates’ courts (pursuant to s.80 of the Anti-Social Behaviour, Crime and Policing Act 2014). The High Court described the orders as “draconian” because closure orders can exclude people from their own home.’

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UK Human Rights Blog, 10th March 2025

Source: ukhumanrightsblog.com

Gambling with Consent: Free, Specific, and Informed Consent in Data Protection Law – UK Human Rights Blog

Posted March 5th, 2025 in consent, damages, data protection, gambling, human rights, news, privacy by tracey

‘In RTM v Bonne Terre Ltd [2025] EWHC 111 (KB), the High Court considered claims brought in data protection and the tort of misuse of private information. The Claimant described himself as a “recovering online gambling addict” [1]. He sought damages for harm, distress and financial loss, and a declaration that his rights under data protection legislation had been infringed, from the Defendant, who operate Sky Betting and Gaming (SBG). The relevant period of the Claimant’s gambling for the claim against SBG (restricted by limitation periods) was 2017 until the end of 2018 or the start of 2019 [15]. The Claimant’s case was that SBG harvested his data using cookies without his consent. SBG the processed his personal data for marketing purposes without lawful basis, and targeted him through direct marketing emails (also without his consent) sent on average twice a day [68]. Consequently, he alleged he suffered substantial losses. Despite the claim having started in an almost inquisitorial fashion, with the Claimant undertaking a broad investigation into gambling laws when recovering from his addiction, the narrow issue at trial was “what, if anything, [the Claimant] consented to in the marketing part of the operation” [77].’

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UK Human Rights Blog, 5th March 2025

Source: ukhumanrightsblog.com

Preaching hate: free speech, religion and the Human Rights Act – UK Human Rights Blog

‘In Sleeper v Commissioner of Police of the Metropolis [2025] EWHC 151 (KB) Mr Justice Sweeting dismissed an appeal against the decision of HHJ Saggerson to dismiss a claim against the Metropolitan Police by a street preacher arrested for displaying anti-Muslim signs.’

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UK Human Rights Blog, 28th February 2025

Source: ukhumanrightsblog.com

Public Law Newsletter – Spire Barristers

‘Public Law Newsletter January 2025; with case updates within the Court of Protection and other Public Law matters.’

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Spire Barristers, 7th January 2025

Source: www.spirebarristers.co.uk

NHS doctor who ‘glorified terrorist violence’ wins deportation challenge – The Guardian

‘An Egyptian NHS doctor who “glorified terrorist violence” by mocking Israeli civilians fleeing the Hamas attacks in October 2023 has won a legal challenge against deportation.

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The Guardian, 22nd February 2025

Source: www.theguardian.com

Charity trusteeship and the right to free speech: Mond – Law & Religion UK

‘Background: Mr Mond had been a trustee of various Jewish charities. As a result of various postings on social media for which he subsequently apologised by way of a press statement, the Commission disqualified him from being a charity trustee for three years, under its powers under s.181A Charities Act 2011. He appealed against his disqualification’

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Law & Religion UK, 20th February 2025

Source: lawandreligionuk.com

UK government may have breached young soldier’s right to life, coroner concludes – The Guardian

‘The UK government may have breached a young soldier’s right to life by failing to protect her from a sexual assault by a more senior colleague and from sustained unwelcome sexual attention from her line manager, a coroner has concluded.’

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The Guardian, 20th February 2025

Source: www.theguardian.com

Family From Gaza Settle In UK Following Ukraine Scheme Application: A Legal Loophole? – EIN Blog

Posted February 20th, 2025 in appeals, human rights, immigration, Israel, news, Russia, Ukraine, war by tracey

‘The decision of the Upper Tribunal in an unreported case was the centre of a clash in the House of Commons during PMQs last week. Leader of the Opposition Kemi Badenoch attacked the government on the grounds that a family from Gaza had successfully applied to live in the UK “using” the Ukraine Scheme. In response, Prime Minister Keir Starmer expressed strong disagreement with the decision of the Upper Tribunal to which she was referring. Although he did not specify any point of law on which the decision might be challenged, he did state that the government is looking at the “legal loophole that we need to close”. In this article, we will set out the decision of the Upper Tribunal and seek to identify what might constitute the “loophole” referred to by the Prime Minister.’

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EIN Blog, 19th February 2025

Source: www.ein.org.uk

Disabled people in immigration bail: the duties of the Home Office and local authorities – Local Government Lawyer

‘The High Court has ruled that the Home Office has been systemically failing to provide safe and suitable accommodation to disabled applicants, and has given guidance on the interaction between Schedule 10 accommodation and the Care Act 2014. Stephanie Harrison KC, Nadia O’Mara and Isaac Ricca-Richardson analyse its findings.’

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Local Government Lawyer, 19th February 2025

Source: www.localgovernmentlawyer.co.uk

Judges reject appeal over whether protective duty had arisen in school exclusion case where pupil was vulnerable to child criminal exploitation – Local Government Lawyer

‘The Court of Appeal has rejected an appeal over a High Court judge’s finding that the protective duty under Article 4 of the European Court of Human Rights had not been triggered at the time when a governing body’s disciplinary panel decided not to reinstate a pupil following his permanent exclusion.’

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Local Government Lawyer, 19th February 2025

Source: www.localgovernmentlawyer.co.uk

Jamaican drug dealer avoids deportation after pledging to only smoke cannabis – not sell it – The Independent

Posted February 18th, 2025 in deportation, drug offences, drug trafficking, families, human rights, news by tracey

‘A Jamaican drug dealer avoided deportation after he promised to only smoke cannabis and not sell it.’

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The Independent, 17th February 2025

Source: www.independent.co.uk

Deprivation of liberty and profound disability – an urgent need for appellate clarification – Mental Capacity Law and Policy

‘Another in the Lieven J-inspired line of challenges to Cheshire West can be found in Re V (Profound Disabilities) [2025] EWHC 200 (Fam), concerning a 15 year old boy with “profound enduring disabilities”.’

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Mental Capacity Law and Policy, 10th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Appealing Home Office decisions: understanding your rights and options – EIN Blog

Posted February 11th, 2025 in appeals, asylum, government departments, human rights, immigration, news, visas by tracey

‘The UK Home Office grants several million visas each year, and refusal rates (other than for asylum claims) are relatively low. If you do face the heartbreak of a negative decision, what can you do? Plans may have to change and futures rethought. However, in some cases, negative decisions can be appealed, and you can make your case to a Tribunal Judge. Not every decision can be appealed – often you will be given a right of administrative review, which is an internal Home Office process. It is important from the outset that you know what remedies you have if the Home Office does not grant your application.’

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EIN Blog, 11th February 2025

Source: www.ein.org.uk

Bereaved parents launch court challenge over UK benefit ‘discrimination’ – The Guardian

Posted February 11th, 2025 in benefits, bereavement, children, civil partnerships, families, human rights, marriage, news by tracey

‘Two bereaved parents have filed a case at the European court of human rights, claiming that the UK government’s treatment of them is discriminatory.’

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The Guardian, 8th February 2025

Source: www.theguardian.com