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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

A recent High Court judgment serves as a reminder that, even where parties agree and intend to enter into a consultancy arrangement or a contract for services, the Courts and Tribunals have the power to categorise the arrangement as an employment relationship instead.

Although it did not seem possible, there is now something else for managers (naming no names) to bemoan in the upcoming season. This is because managers in the FA Cup, Football League, Carabao Cup, English Football League (‘‘EFL’’) Trophy and National League can now receive red and yellow cards for “irresponsible behaviour”.

Football fans around the world have become accustomed to seeing irate managers at the touch-lines after almost every decision made by the referees. It seems though that The Football Association (The ‘‘FA’’) has had enough of such behaviour.

Barclays Bank Plc v Various Claimants [2018] EWCA Civ 1670

Barcelona FC have fallen victim to a Social Media backlash after eagle eyed Twitter users noticed that their women’s team were not afforded the same class of travel as the men’s team who they joined on their tour of the USA.

On Monday 30th July, the UK Supreme Court confirmed in a landmark case NHS Trust v Y 2018 UKSC 46 that doctors can turn off life support for an irreversibly unconscious patient only if families and doctors are in agreement, without having to apply to the Court of Protection.  Prior to this ruling, hospital practice was based on the 1993 decision in Airedale NHS Trust v Bland which recommended that reference should be made to the Court before doctors withdrew clinically assisted nutrition and hydration.

DL Insurance Services Ltd v Mrs S O’Connor UKEAT/0230/17/LA

The EAT upheld a finding that the Respondent (‘DL Insurance’) had discriminated against the Claimant (‘Mrs O’Connor’) by treating her unfavourably because of something arising in consequence of her disability (as per section 15 Equality Act 2010).

It was held that the Respondent was unable to prove that issuing a written warning to a disabled employee for her sickness absence (as permitted under the Respondent’s sickness policy) was a proportionate way of improving attendance at work.

Regular readers of our blog will know that entities considered to be “contracting authorities” must abide by the Public Contracts Regulations 2015 (PCR).

The definition of contracting authorities in the PCR captures local authorities and government departments, the NHS, social housing providers and is also likely to include other bodies who spend public money if they are considered to be “bodies governed by public law”. If an organisation is considered a contracting authority and they do not comply with the PCR, what consequences may await them?

Is this the final instalment in our series of blogs regarding Kit Kat’s ongoing battle to protect their 3D mark, the 4 finger chocolate bar?

According to media reports, former Foreign Secretary Boris Johnson has allegedly failed to comply with a 3 month restriction for former ministers on accepting new jobs in the private sector after leaving their post. 

Whilst not a post- termination restriction in the strict employment law sense it does beg the question- when a key senior member of staff hands in their resignation how do you deal with what they do next?

Post- termination restrictions

Mr and Mrs Owens married in 1975 and separated in February 2015 making theirs a 40 year relationship. Mrs Owens petitioned for divorce in March 2015 under Section 1(2)(b) Matrimonial Causes Act 1973 on the basis of Mr Owen’s unreasonable behaviour. She gave numerous examples of the alleged behaviour. Mr Owens defended the divorce and the allegations in the petition arguing that they were insufficiently serious to form part of an unreasonable behaviour petition. The Judge agreed with the Husband and dismissed the divorce stating that the allegations were “trivial at best”.

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