Friday, 9 September 2016

May Challenged to Protect Employment Rights

A challenge has been issued to Theresa May to provide commitments that employment rights provided under EU law will be protected following Brexit.

The challenge comes from a new cross-party group set up by pro-remain MPs,chaired by Labour MP,Chuka Umunna.The Vote Leave Watch group warns that a range of rights - including protection for young workers for annual leave and rest breaks - could be lost after Brexit unless the Government draws up new laws to replace them.

He has written to Theresa May after commissioning the House of Commons library to list the employment rights that currently arise  due to the UK's membership of the European Union which,he says,would "fall away" on departure from the union.

Vote Leave Watch says that  the Government could preserve workers' rights by passing legislation to replace EU laws,such as the working time directive,that will cease to apply to the UK upon Brexit.It also calls on the Government to conduct an audit of all instances where decisions of the European Court of Justice have created greater legal employment rights for British workers,and then commit to enshrine these rights in law

Sunday, 21 August 2016

Corbyn Calls For Employment Law shake-up

Labour leader Jeremy Corbyn has called for a shake-up of employment law, to improve the rights and protection of workers, in the wake of the collapse of BHS and the treatment of its employees. 

Corbyn said it should be mandatory for employers with more than 250 staff to bargain collectively with unions, in a law change that he claimed would be the best way to guarantee fair play. 

The move was announced after shadow Chancellor, John McDonnell, said that "firm new laws are now needed,” following the treatment of BHS staff. 

McDonnell said there  was a need for "criminal sanctions" to deal with rogue employers who have been convicted  of what would be a "corporate irresponsibility" offence under Labour's plans.This would apply where it had been proved that a firm's employees had been treated callously and recklessly. 


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Thursday, 7 July 2016

Tips on Reducing Your Alcohol Intake


Recently the UK government changed the guidelines on safe alcohol consumption. Whereas previously the safe weekly limit was 14 units for women and 21 units for men, it is now 14 units for both sexes.

If you regularly consume more than 14 units a week – the equivalent of six average strength pints of beer or ten 125ml glasses of 9% ABV wine –  you may want to cut down.
It’s quite easy to do if you think ahead and follow these simple tips.
Make an easy-to-follow plan

Before you go out or open that first bottle, set yourself a limit and stick to it.
Create a budget and stick to it If you’re out and about, take a set amount of cash and leave your bank card at home.

Tell friends and family
Tell them that you’re cutting down on your drinking and ask them to support or even you.
One day at a time If you prefer, cut back a little at a time, so if you have a drink every day, switch to every other day.

Undersize yourself

No-one’s saying you can’t enjoy a drink, but how about opting for a bottle of beer rather than a pint, or a small instead of a large wine?
Lose some strength
Look at the ABV in % on the bottles you buy. You might be surprised to see your favourite wine is 14%, so try another that’s 12%.

Stay watered

Drink at least a pint of water before you have your first drink. This prevents you from trying to quench your thirst with alcohol (which doesn’t work). Throughout the night, have a soft drink or more water.

Give your liver a rest

Promise yourself two or three nights a week when you can drink and experiment with non-alcoholic cocktails on the other nights.

Don’t underestimate yourself

You may drink more than you realise – it’s easy to lose track, so keep a diary over a week and see what you can eliminate.

The benefits

Immediately you’ll feel better – no hangovers in the mornings, as well as much more energy and clarity. Your skin will start to look younger and smoother after just a couple of weeks and you will notice some weight loss. You’ll also be at less risk of prosecution for driving under the influence, so you won’t be needing drinkdrivesolicitor.com

Longer-term you’ll find your moods improving. There are strong links between heavy drinking and depression or anxiety. If you are prone to feeling low, alcohol will make it worse, not better.

You’ll also sleep much better as alcohol messes with your sleep patterns and prevents you from deep sleep. You’ll feel like you’ve actually rested when you wake up if you don’t drink.
You might also find your general behaviour improves – alcohol can make you irrational, argumentative or aggressive and you may also have memory problems.

If you’re a long-term heavy drinker, your heart can become enlarged and while the condition can’t be cured, you can partly reverse it or at least stop it progressing by quitting alcohol. Your immune system will also improve.

Thursday, 25 February 2016

No5 Chambers Barristers challenge earning threshold to bring over a non-EU spouse

UK nationals must earn more than £18,600 to bring over a non-EU spouse


UK nationals must earn more than £18,600 to bring over a non-EU spouse, rising to £22,400 if they have a child who does not have British citizenship, and by an additional £2,400 for each subsequent child.

Seven supreme court justices including the court’s deputy president, Lady Hale, will decide after a three-day hearing whether the rules contravene article 8 of the European convention on human rights, covering respect for private and family life.


http://www.theguardian.com/uk-news/2016/feb/22/absurd-minimum-income-visa-rules-forcing-uk-citizens-into-exile-court-told

Wednesday, 24 February 2016

Employment Tribunal Fees may not have brought a better service

To the chagrin of many Claimants they now have to pay fees in order to progress their claims. I hear arguments that the new regime prevents the spurious claim and rewards the tax payer. All of these arguments I understand and appreciate, however, the one consistent feature one would hope would have remained in situ after the imposition of the fees would be the streamlined service provided by the employment tribunal service.

To my clients' horror in the last few months ET1s have been submitted only for the responses to not reach the Claimant for a few weeks after they arrived at the tribunal. Even worse one Claimant found that her ET1 despite being submitted online had not been sent to the Respondent until a month after the initial submission.

This can bring stress and anxiety to a Claimant who is perhaps submitting a claim for the first time and often already suffering with depression due to the discriminatory or callous acts of an employer. I hope that these experiences are the exception and not the rule but if not it should be brought to the attention of the wider media and the powers that be as soon as possible.

www.charlesprice.net

Monday, 22 February 2016

Breaking News Lock v British Gas 'Commission to be included as Holiday Pay'

Should commission and other payments be encompassed by the definition of 'Holiday Pay'?  A key defining factor has been the decision in Lock v British Gas, both in the ECJ and in the EAT decision, which determined that employers may include commission and other types of variable pay in holiday pay calculations but left open major practical points about how the calculation should work. The resultant legal uncertainty and fear of significant back pay claims has left many employers paralysed over how to address the issue, pending further clarification. British Gas appealed the decision which rumour has it is out today.

Firstly British Gas argues that previous cases dealing with overtime should be distinguished as commission needs to be dealt with in a different way. Second, more fundamentally they say that the changes dictated by ECJ case law are incompatible with local law, so that it is not possible to interpret the Working Time Regulations in a way which complies with European law.

It is unlikely however that there will be rafts of cases pursued by hungry lawyers for backpay as if it's necessary to introduce new legislation then any changes will only take effect going forward from the date the change was made.

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Thursday, 18 February 2016

Employment Tribunal Discrimination Claims May Not be Brought Against Police Misconduct Boards

However they may against an individual police officer! The Court of Appeal upheld the decisions of the EAT and employment tribunal in  P v The Commissioner of Police for the Metropolis.


The ET had accepted (paragraph 15) that the Metropolitan Police Misconduct Board was a judicial body which enjoys immunity from suit. Employment Judge Etherington concluded:
"25… These proceedings are no mere action in the nature of an appeal. The claimant is not simply saying to the panel 'you got this wrong', which is within the normal and accepted experience of those exercising judicial functions, but asserts that [the] decision and the process whereby that decision was reached constitute the statutory tort of unlawful discrimination. How can that be said not to impugn the integrity of the panel? Were this matter to continue to a Hearing and a Tribunal to find in favour of the Claimant the members of the panel would stand guilty of discrimination for merely exercising their judicial function in an appropriate way. There is here no suggestion that the outcome of the case before the panel was tainted by malice. This action is no mere challenge to the correctness of the decision but indicts the Board as perpetrators of discrimination."

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