The EAT has heard an appeal against an ET ruling involving a number of important issues for employment lawyers: TUPE transfer, employment status and redundancy consultation. The case summary is as follows: ‘Summary Transfer of undertaking – business transfer – service provision change – regulation 3 Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) …
The Civil Procedure (Amendment No. 3) Rules 2024 have been published and come into force on 1 October 2024. The are required reading for all litigators, but a point of particular note relates to alternative dispute resolution (ADR). Rule 1 deals with the overriding objective and Rule 1.4 deals with the court’s duty to manage …
Continue reading “CPR – changes”
The EAT has allowed an appeal relating to unlawful deduction from wages. It makes interesting reading for employment lawyers and their clients. The case summary is as follows: ‘Summary: Practice and procedure – evidence Following the end of her employment the claimant brought a complaint of unlawful deduction from wages. In particular, she claimed that …
Continue reading “EAT – unlawful deductions”
Here is the case summary for the above case: ‘The central questions in this case were whether a court could lawfully order the parties to court proceedings to engage in a non-court-based dispute resolution process, and, if so, in what circumstances it should do so. Deputy District Juge Kempton Rees (the judge) held that he …
Continue reading “ADR – CA case”
It may seem odd to include a case where an appeal was dismissed by the EAT, but this case involved the hot topic of protected characteristics under the Equality Act 2010, so it is useful to follow their reasoning. The case summary is as follows: ‘Summary Religion or belief discrimination The Employment Tribunal did not …
Continue reading “EA 2010 – protected characteristic”
The CLC has issued a compliance notice for CLC regulated practices – but this is another communication which practitioners from a number of areas will find useful because as well as conveyancing, the note covers probate/estate administration and trusts work. The Compliance Notice: Source of Funds and Source of Wealth came into force for CLC …
Continue reading “CLC – money”
A farewell visit arranged by the LA between three children who were subject to placement orders and their parents was, the CA ruled, ‘plainly wrong and contrary to the children’s interests’. F’s four children were the subject of care and placement orders. However, the LA had wrongly arranged the farewell visit notwithstanding a court order. …
Continue reading “Children – placement orders”
A point that MLROs may have missed over summer. On 15 August 2024, the Office of Financial Sanctions Implementation (OFSI) added 20 Frequently Asked Questions (FAQs) to its FAQs page and states: ‘FAQs 100-119 can be found under the Russia section. These questions were previously included in OFSI’s Russia guidance, and have now been added …
Continue reading “OFSI – FAQs”
This was a complex case involving three children. The LA appealed an order that a child (N) in foster care should move to Italy to live with F. The order was part of a broader order relating to N (aged 6) and a 13-year-old sibling (M). The LA, supported by M and the Guardian, argued …
Continue reading “Child’s welfare – balancing analysis”
Note also that on 5 August 2024, the SRA updated its guidance on complying with the UK sanctions regime; the SRA states the major changes are as follows: ‘References to the newness of the sanctions regime have been updated throughout to reflect its more established status. The document has been restructured to move key information …
Continue reading “SRA – sanctions guidance update”