‘In recent days, two pieces of news related to the most controversial elements of the Remuneration Code have emerged: clawback, and the bonus cap. The Remuneration Code applies to the variable remuneration (i.e. bonus) of certain employees of banks, building societies, investment firms, and some overseas firms of a similar nature.’
Employment Law Blog, 28th July 2014
Source: www.employment11kbw.com
‘Provisions in the Immigration Rules which impose income requirements on individuals living in the United Kingdom, who wish to bring their non-European Economic Area citizen spouses to live with them, are not a disproportionate interference with their right to family life under Article 8 of the European Convention on Human Rights. The Court of Appeal has also underlined the important (but often misunderstood) point that there is no legal requirement that the Immigration Rules should provide that the best interests of the child should be determinative. Section 55 of the Borders, Citizenship and Immigration Act 2009 is not a “trump card” to be played whenever the interests of a child arise. ‘
UK Human Rights Blog, 21st July 2014
Source: www.ukhumanrightsblog.com
‘The Court of Appeal has dismissed a legal challenge to Home Office rules for UK citizens who want their overseas spouses to live with them in Britain, affecting more than 3,600 families.’
The Guardian, 11th July 2014
Source: www.guardian.co.uk
Supreme Court, 9th July 2014
‘The High Court has ruled emergency laws underpinning a government back-to-work scheme are “incompatible” with the European Convention on Human Rights.’
BBC News, 4th July 2014
Source: www.bbc.co.uk
’10cc were a great band – from a decade of great bands of course – “Dreadlock holiday” an iconic track and I don’t like cricket, no no, I love it. So what a joy to be able to reference this title to a very significant employment case reported last week. How come? Well the pun starts here: (1) the case is Lock v British Gas Trading Limited (2) it is all about holiday pay and (3) employers will dread its implications.’
Hardwicke Chambers, 10th June 2014
Source: www.hardwicke.co.uk
‘A clause in a contract of employment permitting an employer to deduct one month’s pay in respect of a departing employee’s failure to work her notice period was not a “penalty clause”, and was therefore enforceable, the Employment Appeal Tribunal (EAT) has ruled.’
OUT-LAW.com, 17th June 2014
Source: www.out-law.com
Bollacke v K + K Klaas & Kock BV & Co KG (Case C-18/13); ECLI:EU:C:2014:1517; [2014] WLR (D) 254
‘Article 7 of Parliament and Council Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time precluded national legislation or practice which provided that the entitlement to paid annual leave was lost without conferring entitlement to an allowance in lieu of leave outstanding, where the employment relationship was terminated by the death of the worker. Receipt of such an allowance was not dependent on a prior application.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
‘Eighteen men unhappy at being paid less than their female colleagues at a university have been awarded a total of £460,000 in back pay.’
BBC News, 7th June 2014
Source: www.bbc.co.uk
Lock v British Gas Trading Ltd (Case C-539/12) ECLI:EU:C:2014:351; [2014] WLR (D) 224
‘Article 7(1) of Parliament and Council Directive 2003/88/EC precluded national legislation and practice under which a worker whose remuneration consisted of a basic salary and commission, the amount of which was fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, was only entitled in respect of his paid annual leave, to remuneration composed exclusively of his basic salary. The methods of calculating the commission to which such a worker was entitled in respect of his annual leave had to be assessed by the national court or tribunal on the basis of the rules and criteria set out by the case law of the Court of Justice of the European Union and in the light of the objective pursued by article 7 of Directive 2003/88.’
WLR Daily, 22nd May 2014
Source: www.iclr.co.uk
‘Not Albert Square, but it could be. The Crown Prosecution Service suspect two individuals of a massive duty/VAT fraud in their cash and carry businesses. The CPS go to the Crown Court (in the absence of the individuals) and get an order to appoint a receiver (i.e. a paid manager) to run the affairs of companies (Eastenders) in which the individuals are involved, as well as a restraint order against the individuals. Both receivership and restraint orders are set aside some months later by the Court of Appeal, on the basis that the HMRC investigator’s statements were largely “broad and unsupported assertions”. Problem: by then the receiver had run up £772,547 in fees.’
UK Human Rights Blog, 15th May 2014
Source: www.ukhumanrightsblog.com
Supreme Court, 8th May 2014
‘Lois Rogers, solicitor at Vardags, and Lily Mottahedan, barrister at 1 Hare Court, examine the court’s treatment of bonuses in financial remedy claims in light of the recent decision of Mrs Justice Eleanor King in H v W [2014] EWHC 4105 (Fam) and pre-existing case law.’
Family Law Week, 17th April 2014
Source: www.familylawweek.co.uk
‘Supermarkets may have to pay millions of pounds in higher wages and back pay to store staff, mainly women, if test cases for equal pay being brought by 400 workers are successful.’
The Guardian, 11th April 2014
Source: www.guardian.co.uk
Pullan v Wilson and others [2014] EWHC 126 (Ch); [2014] WLR (D) 107
‘An automatic entitlement of a professional trustee to charge his normal hourly rates at least unless those rates had been specified and sanctioned by other trustees and principal beneficiaries before the relevant work was undertaken would deprive a court of equity of any effective control over that trustee’s remuneration.’
WLR Daily, 28th January 2014
Source: www.iclr.co.uk
‘Solicitor advocate Caitriona McLaughlin fears government cuts will deter firms from taking loss-making magistrates court cases.’
The Guardian, 27th February 2014
Source: www.guardian.co.uk
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