News: October 2015
The insurance which is most often talked about in relation to construction projects is Professional Indemnity insurance, and I have written about that in a previous article. This article looks at two other types of insurance which are important in a construction context but which are less widely understood. Non-Negligent Damage Insurance Until the revision […]
This quarter we have case law updates on: Definitive map – public right of way Definitive map – dedication of a highway Development – rights of light – damages Development – consent covenants …and landlord and tenant updates on: Relief from forfeiture Service charge recovery for improvement works …as well as planning updates on: Judicial […]
Large employers required to publish anti-slavery and human trafficking statements. Earlier this year there was criticism of Tesco, Walmart and Costco for selling prawns supplied by Thai company CP Foods, who, it was alleged sourced the product from suppliers which used slave labour. On October 29th 2015 a new requirement, introduced by the Modern Slavery […]
The Employment Appeal Tribunal has held that an employee was fairly dismissed for disobeying an instruction not to contact the Information Commissioner’s Office (ICO) without approval. The employee in this case was an elected union shop steward, and a health and safety representative. He was contacted by a colleague, who expressed concern that his manager […]
Employers are bound to give workers paid leave so that they can hold public office. However, a tribunal has questioned whether it was right for a city mayor to be paid as a school mentor for two years after he devoted himself to politics full time. The man had stopped working at the school when […]
The outcome of employment cases often depends on the credibility of witnesses, and tribunals cannot duck their responsibility to resolve conflicts of evidence. That point was forcefully made in the case of an NHS care assistant who was sacked after being accused of threatening a patient. The man was alleged to have made threatening comments […]
Temporary agency workers are entitled to be treated in the same way as permanent staff. However, in an important decision, a tribunal has ruled that the Ministry of Defence (MoD) did nothing wrong when it gave priority to its full-time employees when considering applicants for a position. A temporary technical liaison officer worked for the […]
Every careful employer should be aware that the duty not to discriminate arises at the very moment when a prospective employee applies for a job. In one case, a nursery school was accused of prejudice by a Muslim interviewee who claimed that she had been refused permission to wear her flowing jilbab to work. The […]
The Employment Appeal Tribunal has held that where an investigating officer’s recommendations had been heavily influenced by input from human resources dismissal may be unfair. The employee, in this case, was investigated after concerns were raised that he had been making suspicious purchases using a company credit card and using a hire car for personal […]
The Court of Appeal has held that an employer was entitled to deduct one working day’s pay when its employees went on a one-day strike. The employees, in this case, were teachers. Their contracts of employment specified their working days to be Monday to Friday, although they carried out additional tasks such as marking and […]
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