Cases Protective awards TGWU v Brauer Coley Ltd (in administration) UKEAT/0313/06 Where a protective award is made against a company (now in administration) for breach of the obligation to consult it in relation to employees represented by a trade union, other employees in respect of whom the trade union is not recognised, cannot obtain an […]
Parliament New Immigration Bill: There is to be a new immigration bill introduced in the 2006-2007 Parliamentary session. The Border and Immigration bill is to give the immigration service extra powers in relation to border control and immigration related crime. Apparently, it will also make it easier for the Home Office to deport those convicted […]
Seeking Asylum Alone UK was released on Monday 13th November at Garden Court Chambers.
Parliament The Joint Committee on Human Rights published its report ‘The Human Rights Act: the DCA and the Home Office Reviews’. http://www.publications.parliament.uk/pa/jt200506/jtselect/jtrights/278/278.pdf The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls)(Amendment) Order 2006, SI 2006/2908 was made on 4.11.6 and comes into force on 18.11.6. It adds to the powers that may be exercised by immigration […]
Government and Legislation Last week the Government began pilot-testing of the Home Information Packs required for housing sales transactions by the Housing Act 2004. The pilot began in Newcastle Upon Tyne and is being extended to Northampton, Huddersfield, Southampton, Cambridge and Bath. It starts nationally on 1 June 2007. Click here for the details On […]
Government and Legislation Last week the Government began pilot-testing of the Home Information Packs required for housing sales transactions by the Housing Act 2004. The pilot began in Newcastle Upon Tyne and is being extended to Northampton, Huddersfield, Southampton, Cambridge and Bath. It starts nationally on 1 June 2007. Click here for the details: http://www.homeinformationpacks.gov.uk/home.aspx […]
Recent Caselaw Fu (R on the application of) v Secretary of State for the Home Department [2006] EWHC 2735 (Admin). Whether judicial review is available to a person aggrieved by a decision of the Asylum and Immigration Appeal Tribunal` where the statutory review procedure has been gone through and the claimant has failed. Application dismissed, […]
Government and Legislation Figures released on 21 October 2006 show that more than 290,000 private dwellings in England have been empty for over 6 months. The highest proportions of empty homes were found in Burnley, Liverpool and Pendle. These numbers powerfully make the case for increased use of the Empty Dwelling Management Orders available to […]
Cases Whistleblowing – time limits Arthur v London Eastern Railway Ltd (t/a Stanstead Express) [2006] EWCA Civ 1358 Under s48(3) of the Employment Rights Act 1996 (“ERAâ€?) employees can complain about acts of detriment that are outside the three-month period if they form part of “a series of similar acts or failuresâ€?. The Court of […]
Government and Legislation Earlier today (30 October 2006), Lord Falconer unveiled the latest publications from the Department of Constitutional Affairs (DCA) designed to help public authorities and advisers dealing with the Human Rights Act 1998. For his speech, click here For copies of the new documents (including a revised Third Edition of A Guide to […]
Home Office and Parliament The Home Office announced that the UK’s labour market will be opened gradually to citizens of Bulgaria and Romania after the two countries join the European Union in January 2007. The UK has decided to limit access to its labour market following the European Commission’s recommendation to permit Bulgaria and Romania […]
Government and Legislation A new dispersal policy starts today (23 October 2006) for those failed asylum seekers granted “hard cases” support in the London area under section 4 of the Immigration and Asylum Act 1999. New applicants will be provided with support in the area of their former NASS accommodation and those who did not […]
Cases S98A(2) ERA – Reversal of Polkey Kelly-Madden v Manor Surgery Appeal No. UKEAT/0105/06/DM Section 98A(2) Employment Rights Act (“ERA”), which provides that if the statutory dismissal procedures have been followed, then the failure to follow “a procedure” will not make a dismissal unfair if the dismissal would have taken place in any event, refers […]
News Lord Falconer announced at the Law Society annual conference in London that he was scrapping plans for fixed fees instead of hourly rates in family and civil legal aid cases pending a complete rethink. He also pledged to reconsider the timetable for the scheme, which had been due to start in April. It is […]
Two members of chambers, Frances Webber and Kathryn Cronin , celebrated a victory in a case they argued in the House of Lords in July.
Government and Legislation On 9 October 2006, the Homelessness (Wales) Regulations 2006 came into force. They provide that a person who is subject to immigration control is not eligible for housing assistance under Part 7 of the Housing Act 1996 (homelessness) unless that person is of a class prescribed in the regulations. For a copy […]
Text and Commentary
Edited by Steve Peers and Nicola Rogers
Government and Legislation The House of Lords re-assembles today (9 October 2006) and will first deal with the Police and Justice Bill (Report Stage). Part 3 of the Bill will introduce in the housing field: (1) parenting contracts; (2) parenting orders; and (3) a new housing injunction (to replace current Housing Act 1996 section 153A). […]
Cases Contract Keeley v Fosroc International Ltd [2006] EWCA 1277 Where an employee’s handbook sets out a right to enhanced redundancy terms, in the circumstances it did have contractual force. Read more Working time Commission of the European Communities v United Kingdom. ECJ, 7.9.06 (C-484/04) The ECJ held that the DTI guidelines on working time […]
News The European Commission confirmed Bulgaria’s and Romania’s EU accession on 1 January 2007, completed by a rigorous package of accompanying measures. more Europe’s first dedicated centre for victims of people-trafficking opened in Sheffield, England. The Human Trafficking Centre will aim to provide specialist care for the victims – mostly women brought from abroad and […]
