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Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com

‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’

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OUT-LAW.com, 6th August 2021

Source: www.pinsentmasons.com

Mandatory Covid-19 vaccinations in the health sector: the position across Europe – OUT-LAW.com

‘The UK government will require people working in care homes in England to have been vaccinated against Covid-19, subject to limited exemptions.’

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OUT-LAW.com, 28th July 2021

Source: www.pinsentmasons.com

Inevitability as the New Discrimination Defence: UK Supreme Court Mangles Indirect Discrimination Analysis While Finding the Two-Child Limit Lawful – Oxford Human Rights Hub

‘The UK Supreme Court has delivered its long-awaited judgment in R (on the application of SC, CB and 8 children) (Appellants) v Secretary of State for Work and Pensions and others (Respondents) on the two-child rule (in the Welfare Reform and Work Act 2016) limiting key subsistence benefits to two children per household, and it wastes no opportunity to disappoint.’

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Oxford Human Rights Hub, 26th July 2021

Source: ohrh.law.ox.ac.uk

Time spent in the UK as a visitor counts as ‘residence’ for ILR – EIN Blog

‘On the important subject of indefinite leave to remain (ILR) on the grounds of 10 years’ continuous residence, the Court of Appeal has held that the SSHD had erred in refusing an ILR application made by Mr Chandra Mungur – a citizen of Mauritius – because it could not be said that he had “left the United Kingdom in circumstances in which he had no reasonable expectation at the time of leaving that he would lawfully be able to return” during the period relied upon as 10 years’ continuous residence. While Mr Mungur had left the UK in 2001 following expiry of his visit visa, he had done so with the intention and expectation of lawfully returning as soon as possible under a student visa. Mr Mungur had obtained a visitor visa valid from 22 March 2001 to 22 September 2001. He entered the UK as a visitor on 16 April 2001 and left on 1 September 2001 “to return to Mauritius to apply for Entry Clearance as a student”. That application was granted on 25 September 2001 and was valid until 25 September 2003. On 5 October 2001, he entered the UK again and by a succession of applications he applied for and was granted further leave to remain successively first as a student and then as a work permit holder. He remained lawfully in the UK from 25 September 2003 until 13 July 2011. He overstayed for 1,947 days when his leave to remain expired on 13 July 2011 until 10 February 2016.’

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EIN Blog, 23rd July 2021

Source: www.ein.org.uk

BAILII: Recent Decisions

Posted July 16th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Mungur, R (On the Application Of) v Secretary of State for the Home Department [2021] EWCA Civ 1076 (15 July 2021)

Court of Appeal (Criminal Division)

Eslick, R. v [2021] EWCA Crim 1073 (15 July 2021)

High Court (Administrative Court)

Birmingham City Council, R (On the Application Of) v London Borough of Croydon [2021] EWHC 1990 (Admin) (15 July 2021)

Rayne, R (On the Application Of) v Leeds District Magistrates Court [2021] EWHC 1964 (Admin) (13 July 2021)

High Court (Chancery Division)

Pescatore v Valentino & Ors [2021] EWHC 1953 (Ch) (15 July 2021)

Tonstate Group Ltd & Ors v Wojakovski & Ors (Costs) [2021] EWHC 1995 (Ch) (15 July 2021)

High Court (Family Division)

D, Re (Care Proceedings: 1996 Hague Convention: Article 9 Request) [2021] EWHC 1970 (Fam) (15 July 2021)

High Court (Queen’s Bench Division)

Blackledge v Person(s) Unknown (the Website METOOUCU.BLOGSPOT.COM) [2021] EWHC 1994 (QB) (15 July 2021)

Source: www.bailii.org

Court of Appeal clarifies meaning of ‘vacant possession’ in break clauses – OUT-LAW.COM

Posted July 14th, 2021 in appeals, chambers articles, housing, interpretation, landlord & tenant, leases, news by tracey

‘A vacant possession obligation in a property lease break clause only required the tenant to return premises to the landlord free of people, chattels and legal interests, and was not concerned with the physical condition of the premises, the Court of Appeal has ruled.’

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OUT-LAW.COM, 13th July 2021

Source: www.pinsentmasons.com

Right to repair may lead to increased claims against manufacturers – OUT-LAW.com

‘New regulations which will extend the life of domestic electrical products by up to 10 years, could mean manufacturers face more claims for defective products or negligence, experts at Pinsent Masons, the law firm behind Out-Law have warned.’

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OUT-LAW.com, 14th July 2021

Source: www.pinsentmasons.com

UK court backs rights holder in ‘essential’ patent dispute – OUT-LAW.com

Posted July 13th, 2021 in estoppel, news, patents, telecommunications by tracey

‘The High Court in London has decided in favour of Optis Cellular Technology in a dispute over the validity of one of its telecommunications network patents and one that was said to be essential to the long-term evolution (LTE) network standard.’

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OUT-LAW.com, 12th July 2021

Source: www.pinsentmasons.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 9th, 2021 in legislation by michael

The Offensive Weapons Act 2019 (Commencement No. 1) Regulations 2021

The Space Industry Act 2018 (Commencement No. 2, Transitional and Savings Provisions) Regulations 2021

The Space Industry (Appeals) Regulations 2021

The Tax Credits and Child Benefit (Miscellaneous and Coronavirus Amendments) Regulations 2021

The Official Controls (Extension of Transitional Periods) Regulations 2021

The Universal Credit (Coronavirus) (Restoration of the Minimum Income Floor) Regulations 2021

The Teachers’ Pensions (Miscellaneous Provisions) (Amendment) Regulations 2021

The Scotland Act 2016 (Social Security) (Consequential Provision) (Miscellaneous Amendment) Regulations 2021

The Finance Act 2021, Section 131 (Temporary Customs and Excise Approvals) (Appointed Day) Regulations 2021

Source: www.legislation.org.uk

When volunteers and interns may acquire employment rights – OUT-LAW.com

Posted June 28th, 2021 in contract of employment, employment, equality, news, remuneration, volunteers by tracey

‘There is no legal definition of a “volunteer” or “intern” and no specific legislation covering employer-volunteer relationships. The extent of the rights that volunteers or interns may acquire is dependent on their legal status, meaning whether they are an “employee” or a “worker” or a genuine volunteer.’

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OUT-LAW.com, 25th June 2021

Source: www.pinsentmasons.com

Revise sickness policies ahead of UK winter flu – OUT-LAW.com

Posted June 24th, 2021 in coronavirus, employment, flexible working, news, sick leave, vaccination by sally

‘UK employers should revise their sickness policies before an anticipated increase in seasonal flu cases this winter to ensure lessons learned from the Covid-19 pandemic are reflected, an employment law expert has said.’

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OUT-LAW.com, 23rd June 2021

Source: www.pinsentmasons.com

UK legislation proposed to tackle modern slavery – OUT-LAW.com

‘A private members’ bill seeking to address modern slavery, including establishing minimum standards of transparency in supply chains, has been introduced to the UK parliament.’

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OUT-LAW.com, 22nd June 2021

Source: www.pinsentmasons.com

Uncertainties remain over UK’s IR35 rules – OUT-LAW.com

Posted June 23rd, 2021 in employment, HM Revenue & Customs, news, remuneration, taxation by sally

‘Widespread changes to the UK’s IR35 off-payroll working rules came into force on 6 April 2021, and despite a 12-month delay to implementation, detailed HM Revenue and Customs (HMRC) guidance and subsequent amendments to the legislation, areas of uncertainty remain.’

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OUT-LAW.com, 21st June 2021

Source: www.pinsentmasons.com

Limited leave to remain does not knock out a Zambrano claim – EIN Blog

‘R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021). Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the definition of a “person with a Zambrano right to reside” as “a person … without leave to enter or remain in the UK, unless this was granted under this Appendix”. His Lordship held that it is clear from the decision of the CJEU in Ruiz Zambrano v Office National de l’Emploi (C-34/09), [2012] QB 265, that the holding of a limited national leave to remain and a wider right to remain could and would co-exist in many cases. Furthermore, the natural, fair, reasonable and plain meaning of the words set out in regulation 16 of the Immigration (European Economic Area) Regulations 2016 entitles an applicant for a derivative right to reside to have the application determined by reference to the prescribed eligibility criteria set out in the regulation rather than being struck out peremptorily. A Nigerian national, Olorunfunmilayo Oluwaseun Akinsanya arrived in the UK in 2006. She had four children, one of whom, C (aged 10), is a British national and she is C’s sole carer. Akinsanya had a six-month visitor visa. She then had a two-year family visit visa. When C was one year old, she applied for a derivative residence card as the Zambrano carer of C. The application was refused, but Akinsanya was successful in her appeal to the FTT and she was then issued with a five-year derivative residence card in September 2014.’

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EIN Blog , 21st June 2021

Source: www.ein.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 17th, 2021 in legislation by tracey

The NHS (Charitable Trusts Etc) Act 2016 (Commencement) Regulations 2021

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) (Amendment) Regulations 2021

The United Kingdom Internal Market Act 2020 (Commencement No. 2) Regulations 2021

Source: www.legislation.gov.uk

Can an individual be a ‘worker’ if they are not obliged to accept any work at all? – 3PB

Posted June 14th, 2021 in chambers articles, employment, employment tribunals, holiday pay, news by sally

‘The Nursing and Midwifery Council (‘NMC’) is the regulator of Nurses and Midwives in the UK. Pursuant to the Nursing and Midwifery Order 2001, the NMC has a Fitness to Practise Committee (‘FTP’), which determines allegations of impairment of fitness to practise. The Claimant was appointed as a panel member and chair of the FTP for a four-year term on 16 April 2012. He was appointed for a further four-year term in April 2016.’

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3PB, 10th June 2021

Source: www.3pb.co.uk

Property guardians, council properties, licensable HMOs and RROs against directors – Nearly Legal

Posted June 11th, 2021 in housing, landlord & tenant, local government, news, rent by tracey

‘I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a lot of interesting and important issues addressed in the First Tier Tribunal decision in: 49 Russell Hill Road, Croydon, CR8 2XB ((Housing) Act 2004 and Housing and Planning Act 2016 – Rent repayment orders) (2021) UKFTT LON_00AH_HMK_2020_0021.’

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Nearly Legal, 9th June 2021

Source: nearlylegal.co.uk

Appeal court confirms validity of ‘contracting out’ statutory declaration – OUT-LAW.com

‘Commercial landlords and tenants are not required to specify the actual date of grant of the lease when “contracting out” of the security of tenure provisions in the 1954 Landlord and Tenant Act (1954 Act), the Court of Appeal has confirmed.’

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OUT-LAW.com, 3rd June 2021

Source: www.pinsentmasons.com

UK Trade Remedies Authority begins operating – OUT-LAW.com

‘A new regulator, with powers to investigate and address unfair trade practices and subsidies, has begun operating in the UK.’

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OUT-LAW.com, 2nd June 2021

Source: www.pinsentmasons.com

UK guide on data transfer codes and certification anticipated – OUT-LAW.com

Posted June 3rd, 2021 in codes of practice, data protection, EC law, news by sally

‘New guidance on how businesses might use codes of conduct and certification schemes to demonstrate their compliance with rules governing international data transfers could be issued by the UK’s data protection authority in a matter of weeks, Out-Law has learned.’

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OUT-LAW.com, 2nd June 2021

Source: www.pinsentmasons.com