UPDATE: On the 3rd August 2006 the Court of Appeal rejected the Home Office appeal against the decision of Mr Justice Sullivan. The appeal court, headed by the Master of the Rolls, unanimously ruled that the judgement below was "impeccable."
D
Cases Unfair dismissal upper age limit Secretary of State for Trade and Industry v Rutherford & Ors [2006] UKHL 19 The House of Lords holds that the upper age limit of 65 for claiming unfair dismissal and redundancy under sections 109 and 156 Employment Rights Act 1996 does not have an adverse impact on a […]
Government and legislation On 4 May 2006 the Law Commission published its long-awaited Final Report on the reform of security of tenure in the rented sector (Renting Homes). It has also published a draft bill. Click Here to read more. On 5 May 2006 the ‘housing’ portfolio in Central Government moved from the Office of […]
Government and Parliament Commission Regulation (EC) No 635/2006 of 25 April 2006 repealed Regulation (EEC) No 1251/70 on the right of workers to remain in the territory of a MemberState after having been employed in that State. Click Here to read more News A growing number of gay and lesbian Americans are being forced to […]
Pirabakaran v Patel & Anor [2006] EWCA Civ 685 (26 May 2006)
In a landmark ruling earlier today, the Court of Appeal delivered a welcome boost to the rights of shopkeepers who live above their shops. Very many small shopkeepers hold their shop and the
Government and Parliament Minister for Immigration, Citizenship and Nationality Tony McNulty announced that the worker registration scheme for nationals of the newest EU member states will continue beyond 1 May 2006, noting that applicants have helped fill vacancies in parts of the economy experiencing labour shortages and have helped to deliver public services, without impacting […]
CASES TUPE G4S Justice Services (UK) Ltd v Anstey and Ors UKEAT/0698/05/LA The Claimants were dismissed for misconduct. A collective agreement provided that if on appeal they were re-instated their continuity of employment would be preserved and back-pay received. After the dismissal but before the appeal hearings there was a transfer of the contract on […]
Government and Parliament The Statement of Changes in Immigration Rules laid on 20 April 2006 (HC 1053) revokes the existing provision of the right for European Economic Area (EEA) nationals and their family members to apply for permission to remain indefinitely under United Kingdom domestic law under paragraphs 255 to 257 of the Immigration Rules. […]
The Future for Refugee and Human Rights Law
Rick Scannell from Garden Court Chambers and Chris Randall from Bates Wells and Braithwaite Solicitors, are delivering the Haldane Society lecture 'The Future for Refugee and Human Rights Law', on the evening of
CASES Working time Federatie Nederlandse Vakbeweging v Staat der Nederlanden ECJ C-124/05 Under Article 7(2) of the Working Time Directive the payment in lieu for untaken holidays is prohibited except where the employment relationship has ended. The ECJ held that this is because such payment would create an incentive, incompatible with the objectives of the […]
Government and legislation The Law Commission has today published a consultation paper on reform of the law and practice concerning resolution of housing disputes Housing: proportionate dispute resolution. Copies available by Clicking Here The Housing Corporation (Delegation etc) Bill 2006 was introduced to Parliament on 30 March 2006. If passed, it will give the Housing […]
Government and Parliament The Immigration (European Economic Area) Regulations 2006 were made on 30 March 2006 and will come into force on 30 April 2006. For more info Click Here Gary Titley Member of the European Parliament stated during a debate that European labour markets should be open as here in the UK. "We were […]
The first public meeting of Bads is on September 11 at Garden Court Chambers at 6.15pm. Inquiries to jh10270@jh10270.fsnet.co.uk
Government and Parliament The Immigration, Asylum and Nationality Bill received royal assent. The Government will begin introducing provisions within the Act in June, with full implementation not expected until 2008. EIN members can see a recent version by Clicking Here The World More than 100 young asylum seekers who fled to Scotland with no family […]
Government and legislation Housing Act 2004: the most important provisions of the Act – dealing with the new hazards standard, houses in multiple occupation, empty property management and selective licensing all come into force this Thursday. For more information Click Here Cases Warfield Park Homes Ltd v Warfield Park Residents Association [2006] 27 March, […]
Court Cases Working time Robinson-Steele v R. D. Retail Services Ltd (C-131/04) /Clarke v Frank Staddon Ltd(C-257/04) /Caulfield & Ors v Hanson Clay Products Ltd (formerly Marshalls Clay Products Ltd) The European Court of Justice has ruled that ‘rolled up’ holiday pay paid as part of a worker’s hourly remuneration breaches the provision of the […]
Government and Parliament The Asylum Support (Amendment) Regulations 2006 (SI. 2006/733) which can be found by Clicking Here amend regulation 10 of the Asylum Support Regulations 2000 (SI. 2000/704) so as to amend the amounts that are to be paid by the National Asylum Support Service, as a general rule, to supported persons and their […]
Nick Hardwick, Chair of the Independent Police Complaints Commission, today presented the findings of his review into the events leading up to and following the death in police custody of Christopher Alder in Hull on 1 April 1998.
He said his 'grim conc
You are invited to a Gypsy Law seminar we are holding on the 29th March 2006 and to view the 'On Sites' Gypsy and Traveller exhibition that we are hosting in Chambers at present.
The seminar will begin at 6.30 p.m. and run to 8 p.m. after which there wi
