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Local firm highlights damage caused to hearing by noise

Hearing loss is a condition which we will all deal with at some point in our lives. As with issues with our sight, it is more than likely to occur as we mature in age. However, those who have worked in certain industries may have to deal with this sooner than they think and not even realise it. Noise Induced Hearing Loss is a condition whereby exposure to high levels of noise can cause…

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Commercial Agency Law Insight: To What Extent is a Principal Entitled to Turn Customer Accounts Into House Accounts?

When the Commercial Agents (Council Directive) Regulations 1993 came into force on the 1st of January 1994 they represented an entirely new concept in the United Kingdom. Unlike other jurisdictions, notably France and Germany, that had established legislation specifically tailored to the class of persons known as “commercial agents”, the United Kingdom was , give or take, starting fresh. Since…

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GOVERNMENT MISSES CHANCE TO INTRODUCE WORKER RIGHTS

On the morning of 7 February 2018 the Government announced proposals to address issues derived from the Taylor report, which was published during 2017. Taylor addressed issues relevant to modern workplaces and also modern work practices, which included the issues arising from the work undertaken within the gig economy and for those working on zero hours contracts. In previous blogs I have…

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Looking after your hands

The ability to use your hands is an essential part of everyday life. Losing the ability to use them effectively is something that fortunately does not affect many people. However sadly some workers are still being exposed to dangerous levels of vibration without appropriate protection causing them to suffer from Hand Arm Vibration Syndrome, also known as Vibration White Finger. Hand Arm Vibration…

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REASONABLE ADJUSTMENTS BACK IN THE MIX

News reports have confirmed that a woman is pursuing legal action against the promoters of the group Little Mix, alleging that there has been disability discrimination. The woman is deaf and was part of a group of people attending a Little Mix concert, with the group involving others who were deaf. In advance, she contacted the promoters asking for assistance to be provided by way of a signing…

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NEW DATA PROTECTION RULES ON THE HORIZON

Over many years, my guess is that we have all come across cases when organisations have refused to tell us something or to disclose a particular document. When challenged, a common answer has been that it is not permitted because of “data protection”. I have found that on most occasions the disclosure is permitted by law, with data protection controls a convenient excuse for refusal. The…

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Shareholders’ Agreements: An Overview

An analogy can be made between shareholders’ agreements and umbrellas; you only tend get them when it’s raining and we do, of course, live in England! When starting a new business, entering into a joint venture or re-structuring an existing company it is important that shareholders clearly define their rights, restrictions and obligations in the company. While legislation provides a basic…

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New Plans to Protect Consumers From County Court Judgments Issued by Unscrupulous Companies

Plans to protect consumers from unresolved debts which can damage people’s credit ratings without them knowing were unveiled by the government on 27th December 2017. This came following an almost two thirds rise in the number of CCJs issued over the past four years. Over one million CCJs were issued in 2016 alone. Justice Minister Dominic Raab had this to say at the launch of the consultation:…

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MORE UBER & HOPEFULLY MORE RIGHTS

It is interesting how a story can be of interest to the media. Several months ago the Employment Tribunal decision in favour of the Uber Drivers was the main news story, the Tribunal confirming that the drivers were workers. This led to additional rights in respect of minimum wage rates and holiday pay. They were not self employed contractors as alleged by Uber, and importantly they were not…

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HILLSBOROUGH - "The Patronising Disposition of Unaccountable Power"

HILLSBOROUGH – “The Patronising Disposition of Unaccountable Power”

The former Bishop of Liverpool The Right Reverend James Jones KBE delivered his report personally to the Hillsborough Families on 1st November 2017. His report was somewhat scathingly entitled, “The patronising disposition of unaccountable power”. The aim of the report which was commissioned by Theresa May was to provide an insight into what the bereaved families have endured over the 28 years…

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TAKING ACCOUNT OF MENTAL ILLNESS

The Equality Act includes legal protection for workers who are treated as disabled within the statutory definition. That definition includes physical and mental impairments causing long term impact upon day to day activities. Within the last week a Government backed report confirmed 300,000 people in the UK lose their jobs every year due to poor mental health and the report estimated that 15% of…

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READ ALL ABOUT IT!

I am never short of issues to write about on employment law. Usually it requires only a review of the press and so it has been again over the last couple of weeks. A week ago a former client of mine was a guest on the BBC talking about our case which was successful before the Liverpool Tribunal a couple of years ago. My client had lost her job after returning from maternity leave and won a sex…

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MAKE SURE YOU ARE IN TIME

Over recent weeks there has been a lot of “employment law” in the news and whilst this is not uncommon, only this week we have heard about the Uber licence in London, whilst noting that the Uber appeal in relation to the employment status of drivers has been heard before the Employment Appeal Tribunal. No doubt it will be a case of “watch this space”. Tribunal time limits Another area which has…

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WORKPLACE PRIVACY AND MONITORING COMPUTER ACTIVITY

The European Court of Human Rights (ECHR) has issued an important decision relating to how employers monitor private activity taking place in the workplace. A worker in Romania was dismissed for sending private messages using an employer’s computer system. The fact of the messages being sent was known because the employer used surveillance software to monitor the computer activity. The local…

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A LITTLE MORE INJURY TO FEELINGS

I prepared recently an article focusing upon the consultation exercise in relation to compensation for injury to feelings. When dealing with different types of discrimination claim a key part of any remedy statement is a claim for damages relating to the impact of the discrimination, including how less favourable treatment has caused upset and illness. Damages for injury to feelings is not…

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ACCESS TO JUSTICE & TRIBUNAL FEES

On 26 July 2017, with a landmark decision, the UK Supreme Court declared that the Government’s Tribunal fee regime was unlawful. The fee system introduced 4 years ago has operated to deter many potential Claimants from commencing Tribunal proceedings to enforce their legal rights, and the Supreme Court decided that this was an act of discrimination, and also had impacted upon the ability of…

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INJURY TO FEELINGS & TRIBUNAL CASES

On 24 July 2017 the Ministry of Justice announced a consultation exercise by the Employment Tribunals in relation to the current levels of compensation for injury to feelings, known as the Vento guidelines, derived from the case of that name. Compensation for injury to feelings can be claimed from an Employment Tribunal when pursuing certain claims. Most commonly injury to feelings is relevant…

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