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Monthly Archives: August 2011

CASE LAW DEVELOPMENTS IN AUGUST

Sleeping on the Job In Wray v JW Lees & Co, the EAT considered whether a requirement for a pub manager to sleep on the premises overnight meant that they should receive the national minimum wage for this period.  It was held that as the claimant was not working during these periods, they could not... Read the rest of this entry →

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Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011

These Regulations came into force on 1st August 2011 and set out the circumstances in which the work provisions in the Equality Act 2010 apply to seafarers working on UK ships and hovercraft.  In accordance with these Regulations, differential treatment in pay by reason of nationality is now lawful only where a person applied for... Read the rest of this entry →

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Agency Workers Regulations 2010

The Agency Workers (Amendment) Regulations 2011 have been laid before Parliament, which correct drafting errors contained in the Agency Workers Regulations 2010.  The revised Regulations are due to come into force on 1st October 2011. In addition, the Department for Education has published guidance on the implications of the Regulations on the use of agency... Read the rest of this entry →

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Employment Newsletter – September 2011

Welcome to September’s edition of our employment law newsletter, keeping you up to date with changes in employment law, and informing you of recent case law developments. Agency Workers Regulations 2010 The Agency Workers (Amendment) Regulations 2011 have been laid before Parliament, which correct drafting errors contained in the Agency Workers Regulations 2010.  The revised... Read the rest of this entry →

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EAT rules dismissal is automatically unfair if the reason for dismissal during notice period is to deprive the employee of their right to claim.

The EAT has recently decided in M-Choice UK Ltd v Aalders UKEAT/0227/11, 10 August 2011 that where an employer dismisses an employee with notice, then purports to summarily dismiss them during the notice period, the effective date of termination (EDT) of the employee’s employment is the date of the summary dismissal.  This is in line with... Read the rest of this entry →

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UK Supreme Court gives ruling in Star Wars case

The UK Supreme Court has now handed down its ruling in a dispute involving copyright and the helmets worn by stormtroopers in the Star Wars films.  In Lucasfilm Limited and others v Ainsworth and another, the Supreme Court has upheld the decision of the lower courts which found that the helmets were not sculptures, and... Read the rest of this entry →

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CASE DEVELOPMENTS IN JULY

Entitlement to statutory holiday (and pay) when on sick leave In NHS Leeds v Larner, the EAT has upheld the decision of a tribunal that an employee who had been on sick leave for an entire leave year and had not taken any annual holiday in that period, was entitled to receive a payment in... Read the rest of this entry →

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Bribery Act consultation

Guidance has been published by Transparency International UK which is designed to provide a practical tool for companies who wish to undertake anti-bribery due diligence in the course of mergers and acquisitions.

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Corporate Manslaughter

Lion Steel Limited has become the second company to be charged with corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007 following the death of an employee who fell through a roof.  Three of the company directors have also been charged with gross negligence manslaughter and failing to ensure the safety at work... Read the rest of this entry →

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National Minimum Wage and accommodation offset

Draft regulations were published by the Government in July which will disapply the accommodation offset rule under the National Minimum Wage Regulations 1999 in institutions where an employee is undertaking a higher education or full-time further education course.  The new regulations are likely to come into force on 1st October 2011.

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