Reasonable Employers’ Views on the Gravity of Misconduct Deserve Respect

<p><img alt=”Fire Door” src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/199/small/For_RSS_7_May_2010_008.jpg?1275848581″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px” />Employment Tribunals (ETs) are not entitled to substitute their own view of the gravity of an employee&rsquo;s misconduct for that of a reasonable employer. In one case, however, an ET fell into precisely that trap when it found that two distribution centre workers&rsquo; breaches of their… Read more »

Claims Management Company Fined for Regulatory Breaches

<p>Claims management companies provide an essential service to wronged consumers, but the sensitivity of their public-facing role means that they are subject to a rigorous regulatory regime. In a case on point, one such company that failed to match up to the rules was hit hard in the pocket.</p> <p>After receiving more than 100 complaints… Read more »

Subcontractor Hit Hard in Pocket Following Workmen’s Asbestos Exposure

<p>Asbestos still lurks in many old or dilapidated buildings and employers who fail to protect their staff against exposure can expect severe punishment. In one case, a demolition subcontractor was hit hard in the pocket after its workmen were exposed to the substance during a school refurbishment project.</p> <p><img alt=”school” src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/2189/small/IMAG0284.jpg?1416155248″ style=”border-style:solid; border-width:0px; float:right; margin:2px… Read more »

Government Consults on Tighter Rules for NDAs

<p>Confidentiality clauses have a right and proper place in the employment context. They can be used primarily in two ways &ndash; either as part of an employment contract, where there is a need to protect business secrets for example, or as part of a settlement agreement, in order to allow both sides in an employment… Read more »

Prisoners’ Human Rights Violated by Unlawful Strip Searches

<p><img alt=”Prison” src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/519/small/100_0478.JPG?1300290874″ style=”border-style:solid; border-width:0px; float:right; margin:2px 5px” />Civilised societies are measured by the humanity with which prisoners are treated. In a High Court case on point, four prison inmates who were subjected to unlawful strip searches which violated their human rights have won the right to compensation.</p> <p>Three women and a transgender man were… Read more »

Taxi Driver Prosecuted for Subjecting Disabled Passenger to Additional Fare

<p><img alt=”taxis” src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/2182/small/IMAG0248.jpg?1416154864″ style=”border-style:solid; border-width:0px; float:left; margin:2px 7px” />The <a href=”http://www.legislation.gov.uk/ukpga/2010/15/contents” target=”_blank”>Equality Act 2010</a> affords important rights to disabled people in employment and other fields, but less well known is the fact that it also created new criminal offences. A case on point concerned a taxi driver who switched on his meter before loading a… Read more »

HMRC Slammed for Pursuit of Homeless Man Who Missed Filing Deadline

<p>Officialdom can sometimes be faceless, but the law is always there to ensure that individual circumstances are taken into account. In an example of that happening, HM Revenue and Customs (HMRC) was severely criticised for its pursuit of a homeless man who failed to file a tax return on time.</p> <p><img alt=”HMRC2″ src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/518/small/100_0477.JPG?1300290674″ style=”border-style:solid; border-width:0px;… Read more »

Money Laundering Currency Trader Stripped of Everything He Owns

<p>One of the quirks of the <a href=”http://www.legislation.gov.uk/ukpga/2002/29/contents” target=”_blank”>Proceeds of Crime Act 2002</a> is that those who launder dirty money can be hit harder in the pocket than the criminal sources of the tainted funds. The Court of Appeal made that point in the case of an experienced foreign currency trader who assisted in sanitising… Read more »

Working Time Regulations 1998 – Authoritative Court of Appeal Guidance

<p>The Court of Appeal has given important guidance on the correct interpretation of the <a href=”http://www.legislation.gov.uk/uksi/1998/1833/contents/made” target=”_blank”>Working Time Regulations 1998</a> (WTR) in ruling that a railway signalman&rsquo;s rights were not breached by his employer&rsquo;s failure to afford him a 20-minute uninterrupted break in every six hours he worked.</p> <p><img alt=”Railway Line 2″ src=”https://s3-eu-west-2.amazonaws.com/legalrss-production/assets/187/small/for_RSS_5_may_2010_014.jpg?1273072864″ style=”border-style:solid; border-width:0px;… Read more »