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 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
Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? Section 103A of the Employment Rights Act 1996 (“the Act”) provides: “An employee who is dismissed shall be regarded for the purposes of this Part as unfairly dismissed if the reason (or, if […]
Tags: Employment
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 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 […]
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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) […]
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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 […]
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Recent guidance on the extension of time to bring a 1975 Act claim Section 4 of the 1975 Act provides that an application shall not, except with the permission of the court, be made after 6 months from the date on which representation is taken out. Earlier this year, in Cowan v Foreman [2019] EWHC […]
Tags: Will Disputes
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 […]
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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