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A B C D E F G H I J K L M N O P R S T V W Y

Blogs

In a “post-Carillion” world, the subject of payment terms for sub-contractors has come to the fore again.

As avid readers of public procurement law blogs and legislation will know, the Public Contracts Regulations 2015 (“the Regulations”) require that payment of undisputed invoices must be made within 30 days by contracting authorities, and they must pass this obligation down to the tier one contractor.

The Prime Minister released the Government’s formal proposal regarding the UK’s Brexit position on 12 July 2018. To say the proposal received a “mixed response” would be slightly disingenuous. The proposal is described as “the worst of both worlds” and “dead” by Justine Greening and Sir Bernard Jenkin respectively, but what does it mean for UK employment law?

What was anticipated?

The Court of Appeal has this morning ruled that only time spent awake and working during a ‘sleep-in’ shift will count as work time for the purposes of National Minimum Wage.
 

This judgment overrules a previous tribunal decision compelling care providers to fund six years’ back pay for overnight carers, costing approximately £400 million.
 

A progress report published yesterday by Information Commissioner Elizabeth Denham provides insight into the ICO’s investigation of the Facebook/Cambridge Analytica scandal and the use of data analytics in political campaigns.

Last week there was an interesting decision in the Court of Appeal to uphold the law of nuisance for private homeowners against railway operators, and the ripples may be felt across the transport sector.

In February 2017, Mr Williams and his neighbour, Mr Waistell brought claims for private nuisance against Network Rail, who own and manage most of the rail track in England, Scotland and Wales. For over 50 years there had been Japanese knotweed growing on a railway embankment reaching high over the bungalows inhabited by the claimants, and Network Rail had known about it.

New corporate governance rules and reporting requirements are set to apply for financial years beginning on or after 1 January 2019.

Draft regulations were laid before Parliament on 11 June 2018, requiring companies that have either:

This case should be of interest to employees and employers alike and not just because of the pizza reference! 

In the case of Afzal v East London Pizza Limited t/a Dominos Pizza , the Employment Appeal Tribunal (‘EAT’)  confirmed that the employee should have been given the right to appeal against his dismissal resulting from a failure to prove his right to work in the UK.

The World Trade Organisation (WTO) has ruled in favour of Australia’s law, introduced in 2011, that made it mandatory for cigarettes to be sold in brown packets that carry health warnings. Tobacco producing nations Cuba, Honduras, Dominican Republic and Indonesia argued to the WTO that plain packaging infringed on trademarks and intellectual property rights.

The Supreme Court have today decided that a heterosexual couple have the right to enter into a civil partnership instead of a marriage. The ruling comes after Rebecca Steinfeld and Charles Keidan argued that the current law was discriminatory, on the basis that same-sex couples can decide whether to enter a civil partnership or get married – a choice not available to them.

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