Naeem v Secretary of State for Justice [2015] EWCA Civ 1264; [2015] WLR (D) 517
‘In a claim under section 19 of the Equality Act 2010 for indirect discrimination, based on a system of pay relating to length of service, once the claimant had shown that use of the particular provision, criterion or practice, namely the length of service criterion, had lead to a disparity in pay, it was permissible to consider the reason for the disparity complained of in the sense of the factors which had caused it to occur.’
WLR Daily, 9th December 2015
Source: www.iclr.co.uk
‘We are now bombarded with case reports by email and over the Internet. The reporting of 1st instance quantum decisions used to be a comparative rarity before 1992 and the PIQR. Even then there was a time lag in publication and many decisions were never covered. On one level, we are immensely fortunate now to be able to discern how the best counsel and 1st instance judges set about their respective tasks in serious personal injuries litigation; but with that opportunity comes the obligation on the serious practitioner to take the time really to get to grips with the lengthy judgments. It is not easy. This paper, evolving since the autumn of 2007, is an exercise in the on-going fulfilment of that obligation.’
Byrom Chambers, 7th December 2015
Source: www.byromstreet.com
‘Speech by HHJ Edmund QC at the Criminal Bar Association Ann Goddard Memorial Lecture on 3 November 2015 entitled ”All Change: What you need to know about Better Case Management and the Plea and Trial Preparation Hearing”.
Courts and Tribunals Judiciary, 17th November 2015
Source: www.judiciary.gov.uk
Samuels v Birmingham City Council: [2015] EWCA Civ 1051; [2015] WLR (D) 435
‘For the purposes of a person’s application for housing assistance as a homeless person, where a local authority was determining whether that person’s previous accommodation was affordable for that person and therefore whether it would be, or would have been, reasonable for that person to continue to occupy that accommodation, the local authority was to take into account all forms of the person’s income, including social security benefits of all kinds, and of relevant expenses, so that a judgment was to be made on the basis of income and relevant expenses as a whole. Benefits income, including income support, child tax credits and child benefit, was not to have any special status or treatment in that exercise or to be excluded from income which could be taken into account as income which could assist with housing costs.’
WLR Daily, 27th October 2015
Source: www.iclr.co.uk
‘This Court of Protection case has, unusually, made the papers, and when you read the details you won’t be surprised. What the judge described as a “callous and calculating” son charged his widowed mother, who suffered from dementia, more than £117 000 for “out of pocket expenses” visiting her in her nursing home. He had been in charge of her expenses since 2004 when Sheila (the mother) had been admitted to hospital under the Mental Health Act 1983. But alarm bells only went off after her unpaid nursing bills reached nearly £30 000. The Public Guardian launched an enquiry that led to this hearing of an application for the court to revoke the son’s (Martin’s) Enduring Power of Attorney (‘EPA’) and to direct him to cancel its registration. The Public Guardian also applied to freeze Sheila’s bank account.’
UK Human Rights Blog, 28th October 2015
Source: www.ukhumanrightsblog.com
‘In certain occupations, it is common for the employment contract to require the employee to sleep overnight at the place of employment some or all nights of the week and to be “on call” should any incidents arise. Typically those occupations attract low wages and include care workers, supervisors at boarding schools and porters in residential blocks of flats. If the employee is entitled to be paid for all the hours whilst they are present at the workplace, even when they are asleep, and not just those hours when they are attending incidents, then their average wage may fall below the National Minimum Wage [“NMW”]. What, then, is the test to be applied to whether hours spent asleep are to be taken into account?’
No. 5 Chambers, 30th September 2015
Source: www.no5.com
‘FOCUS The EU’s highest court has ruled that the time those with no fixed place of work spend travelling between home and their first and last places of work each day counts as “woking time” – but this does not necessarily entitle them to extra pay.’
OUT-LAW.com, 11th September 2015
Source: www.out-law.com
‘At least 15,000 children are separated from a parent because of income rules affecting some migrants, says the Children’s Commissioner for England.’
BBC News, 9th September 2015
Source: www.bbc.co.uk
‘In a judgment that may be of interest to legal aid lawyers, the High Court has overturned a rejection by the Legal Aid Agency (LAA) of a legal aid claim by Duncan Lewis solicitors. The Legal Aid Agency should have considered whether the means assessment conducted by Duncan Lewis, which had assessed a client KW as having provided sufficient evidence to show that she came within the financial threshold for legal aid, had made a reasonable judgement. The LAA had erred in refusing to fund the case on the basis that the documents relied upon were outside of the ‘assessment window’, Cranston J held in the case of R (On the Application Of Duncan Lewis (Solicitors) Ltd) v The Lord Chancellor [2015] EWHC 2498 (Admin).’
Full story
Free Movement, 8th September 2015
Source: www.freemovement.org.uk
‘Employers who fail to pay the new “national living wage” face increased fines under a crackdown on non-compliance announced by David Cameron.’
The Guardian, 1st September 2015
Source: www.guardian.co.uk
‘In granting the anti-suit injunction against EMC Corporation in Petter v (1) EMC Europe Limited (2) EMC Corporation [2015] EWCA Civ 828, the CA considered that it was upholding the policy in section 5 of Regulation (EU) 1215/2012 for the protection of employees from being sued other than in the courts of their domicile. But was it exceeding the limits of its jurisdiction to regulate the lawful conduct of foreigners, and interfering in the process of justice in the court of a friendly foreign state?’
Employment Law Blog, 13th August 2015
Source: www.employment11kbw.com
‘The New Zealand high court judge chairing a UK inquiry into child abuse is to receive a pay package worth £500,000 a year, it has been disclosed.’
The Guardian, 13th July 2015
Source: www.guardian.co.uk
‘Richard Holme, Chartered Accountant of Creaseys, a firm which specialises in advising family lawyers on tax related family law issues, explains the Budget changes of most relevance to family lawyers.’
Family Law Week, 8th July 2015
Source: www.familylawweek.co.uk
‘Sainsbury’s is facing legal action from four female shopfloor workers who claim they are paid less than men to do equally valuable jobs at the supermarket chain.
The case, which will be the subject of a preliminary hearing at a Birmingham employment tribunal on Friday, comes as a similar legal action involving 6,000 female Asda employees remains to be settled.’
The Guardian, 9th July 2015
Source: www.guardian.co.uk
‘Migrants who have spent more than five years working in the country will be required to earn £35,000 per year or else face deportation, according to a policy that comes into effect in April next year. The policy, announced in 2012 by British Home Secretary Theresa May, has been criticised this week by the Royal College of Nursing. They predicted chaos in the health service, and urged the Home Office to add nursing to the list of occupations exempt from the rules and reconsider the salary threshold.’
Full story
The Guardian, 24th June 2015
Source: www.guardian.co.uk
‘New immigration rules that will mean lower-earning non-EU workers being deported will exacerbate the shortage of nurses in the UK and cost the NHS tens of millions in recruitment, the government has been warned by nursing leaders.’
The Guardian, 22nd June 2015
Source: www.guardian.co.uk
‘Employers may be entitled to deduct a day’s pay for strike action at the rate of 1/260th of the striking worker’s salary depending on contractual terms, the Court of Appeal has confirmed.’
Out-Law.com, 28th May 2015
Source: www.out-law.com
Hartley and others v King Edward VI College [2015] EWCA Civ 455; [2015] WLR (D) 216
‘Section 2 of the Apportionment Act 1870 applied to teachers’ contracts of employment, requiring that apportionment of pay be considered as accruing from day to day; but it was an error to construe the provision as though it also contained a principle of equal daily accrual.’
WLR Daily, 14th May 2015
Source: www.iclr.co.uk
‘Where an application was made by a person for leave to enter the United Kingdom to join a spouse or family member who was a British citizen or refugee already residing there, but the application did not meet the minimum income or evidence of income requirements under the Immigration Rules for an application for leave to enter, compelling circumstances had to be shown to exist to justify the granting by the Secretary of State under her residual discretion of leave to enter outside the Immigration Rules on the grounds that refusal of entry would disproportionately interfere with the applicant’s article 8 Convention right to respect for family life.’
WLR Daily, 23rd April 2015
Source: www.iclr.co.uk
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