Blog

ARTICLE 8 & UNFAIR DISMISSAL – January 2020

ARTICLE 8 & UNFAIR DISMISSAL   Article 8 Human Rights act 1998 provides:   “Article 8 Right to respect for private and family life   Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of […]

Tags: Employment

EVALUATING THE TEST FOR INTERIM SEPARATION

EVALUATING THE TEST FOR INTERIM SEPARATION POST C (A Child) (Interim Separation), Re [2019] EWCA Civ 1998 December 6th 2019 Removal of a child from their birth parents has been described by Sir James Mumby as being a ‘draconian measure’ but one that is undoubtedly necessary in certain cases to protect the child from suffering, […]

Tags: Family

Striking the Right Balance – Contact for Infants in Care

Striking the Right Balance – Contact for Infants in Care Removing a child from the care of their birth parents is a drastic measure that can be very traumatic, perhaps even more so when the child is a new-born baby. This was acknowledged by Munby J (as he then was) in Re K [2008] EWHC […]

Tags: Family

CCTV Surveillance at Work

CCTV Surveillance at Work   Article 8   Article 8 of the Convention reads as follows:   “1.  Everyone has the right to respect for his private … life …   There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law […]

Tags: Employment

Reversal of the Burden of Proof in Discrimination Claims

Reversal of the Burden of Proof in Discrimination Claims   Section 136 of the EqA reads as follows:   (1) This section applies to any proceedings relating to a contravention of this Act. (2) If there are facts from which the Court could decide, in the absence of any other explanation, that a person (A) […]

Tags: Employment

Working Time Regulations Detriment/Dismissal

  Working Time Regulations Detriment/Dismissal   Part V Employment Rights Act 1996 (ERA) covers situations where a worker is protected from suffering a detriment in employment. The right not to be unfairly dismissed (employees only) is found in Part X. S45A ERA states as follows: 45A. Working time cases. (1). A worker has the right […]

Tags: Employment

Early Conciliation Number & Claim Form Information

Early Conciliation Number & Claim Form Information   Rejection: form not used or failure to supply minimum information   10 (1)     The Tribunal shall reject a claim if— … (c)     it does not contain one of the following—   (i)     an early conciliation number; … (2)     The form shall be returned to the claimant with […]

Tags: Employment

Interpretation of permissions under section 73 of the T&CPA 1990

SECTION 73 OF THE 1990 ACT LONDON BOROUGH OF LAMBETH   V   SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT AND OTHERS [2019] UKSC 33 3rd July 2019 The Supreme Court has reversed the decision of the Court of Appeal in this matter and decided that on a proper approach to the interpretation of a […]

Tags: Planning