? Pension data loss leads to £250,000 fine Lax arrangements with a supplier being used to digitise pension scheme records for a Local Government Pension Scheme (LGPS) administering authority lea...
The Welsh Ministers have recently issued The Welsh Authorities Staff Transfers (Pensions) Direction 2012, under powers contained in Section 101 of the Local Government Act 2003 (the “2012 Direction”). The 2012 Direction came into f...
At the end of last year, we reported that the Government announced that headline agreements had been reached with the main trade unions in relation to the Local Government Pension Scheme (LGPS), the NHS Pension Scheme (NHSPS), the...
The Government has announced that it will be scrapping local government’s ‘Two Tier Code’. In a speech to the CBI last night, Eric Pickles, Secretary of State for Communities and Local Government announced that the Code would be wi...
In ArjoWiggins Ltd v Ralph (in which Eversheds LLP acted for the successful appellant) the High Court has considered the extent to which the time periods within which complaints may be brought are applicable to the Pensions Ombudsman. This is a help...
Pension Managers Conference, Torquay, 24-25 November 2009 Further to several requests for details of the cases referred to in Gary Delderfield’s talk at the Conference, this special LGPS Speedbrief contains links to all the cases mentioned in ...
A recent Employment Appeal Tribunal decision (The Mayor and Burgess of the London Borough of Tower Hamlets v Mr J Wooster) has found a local authority liable for unfair dismissal and age discrimination where it made insufficient effort to redeploy a...
Hot off the press is a Court of Appeal decision dated 7 April 2009 (South Tyneside MBC v The Lord Chancellor and Secretary of State for Justice and Another) which held that former employing authorities are not liable to make good their funding defic...
Cost–sharing for the Local Government Pension Scheme (LGPS) is a subject close to the minds and pockets of all LGPS funds, employers and members. Consultation by the Department for Communities and Local Government (DCLG) on cost–sharing ...
Background Innovation is key in our actual economic climate. However, innovation needs economic stimulation. One of the typical measures implemented by national legislators are tax incentives, such as the so-called ‘Patent box’, ‘I...
The recent decision in FilmFlex Movies Limited v Piksel Limited [2015] EWHC 426 (Ch) highlights the risks of losing control of IPR in joint software development agreements. Companies entering into such agreements should be clear about the natu...
Précis: Threats to internet security are constantly in the news, but organisations of all sizes will know that there is a real cost to be borne when systems are hacked. However, who should bear the cost? In the recent case of Frontier S...
Précis An owner of a website may redirect users, via clickable links, to copyright protected works, without requiring the permission of the copyright holders if those works have been made available on a freely accessible basis on another web...
Précis On the 4th July 2013 Eversheds reported on the Opinion of Advocate General Niilo Jääskinen (the “AG”) in the Case C-170/12 Pinckney. (Click here to view this article). Following ...
The Employment Appeal Tribunal (EAT) has ruled that the transitional arrangements in the New Judges Pension Scheme (NJPS) constitute unlawful age discrimination. In a related case, the EAT has also held that the Employment Tribunal (ET) f...
UK Pensions Speedbrief: Age discrimination challenge to judicial pension scheme succeedsThe Employment Tribunal has handed down its
For some time now it has been recognised that direct discrimination occurs not only if someone is treated less favourably because of their own protected characteristics, but also if they are treated less favourably because of somebody else’s p...
In August the Government announced plans for new laws to ensure all public sector workers in public-facing roles speak fluent English (or, in Welsh authorities, English or Welsh). Further details of the proposals have now been revealed in the Immigr...
A recent judgment of the Court of Appeal suggests that in some indirect discrimination cases there should be a greater focus on the nature of and reason for the claimed disadvantage than has previously been the case. The ruling may make it harder fo...
Imposing changes to terms and conditions of employment is rarely a straightforward exercise. As well as dealing with issues such as collective and individual consultation, the risk of unfair dismissal and breach of contract claims, and (in som...
Bonus schemes operated by employers will often make eligibility dependant on matters such as attendance. A recent case illustrates how such schemes can fall foul of disability discrimination law. Background The Land Registry operated a discretionary...
A recent decision of the Employment Appeal Tribunal has stressed that trivial acts, even if related to a protected characteristic, will not constitute unlawful harassment. The case of Henderson v GMB is a useful reminder that the Equality Act is not...
By March 2016 new regulations will be in place that will require larger employers in the private and third sector to publish details of their gender pay gap ie the difference in pay between male and female employees. The new rules, which will come a...
A recent ruling from the Employment Appeal Tribunal (EAT) suggests that it will be difficult for an individual with type 2 diabetes (or some other impairment) to show that the condition, in itself, constitutes a disability if he or she can eliminate...
The Court of Appeal has dismissed a claim of disability discrimination brought by a wheelchair user who was unable to travel on a bus because the designated wheelchair space was already occupied by a passenger with a child in a buggy. The Court of A...
Mental illness, culpability and gross misconduct A recent appeal case illustrates the difficulties that can arise when dealing with instances of apparent misconduct where a mental impairment could have affected an employees ability to control ...
In a recent case the First-tier Tribunal (Tax) confirmed that a compensation payment that was made to an employee on the termination of their employment was taxable, notwithstanding that the payment related to discrimination and injury to feelings. ...
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On 1 June 2014, China’s State Administration of Foreign Exchange (the SAFE)’s Provisions on the Administration of Foreign Exchange for Cross-Border Security (??????????) and the Administration of Foreign Exchange for Cross-Border Securit...
Advocate General (AG) Jääskinen has concluded that there is no general principle of EU law prohibiting discrimination in the labour market, and that includes discrimination on grounds of obesity as a self-standing ground of unlawful discri...
The Employment Appeals Tribunal (“EAT”) has recently given an interesting ruling on redundancy selection which could open the door to more claims from disabled employees. Background <...
On 1 December 2014 we are expecting legislation to come into force that will give effect to the new shared parental leave regime. The new regime will apply to employees in England, Scotland and Wales whose babies are due, or who will adopt a child, ...
The Court of Justice of the EU (CJEU) has recently given another decision on the subject of age discrimination and justification. Whilst many of the previous judgments have focused on issues around retirement age, unusually the Specht case dea...
In the latest, and what we can now assume is the last, chapter in the long running Seldon case concerning compulsory retirement, the Employment Appeal Tribunal (EAT) has upheld the Tribunal’s decision that compulsory retirement, in this case i...
Employers have a duty to carry out document checks on individuals before employing them. The aim of the checks is to ensure that individuals have the legal right to work in the UK. Correctly carrying out document checks gives employers a...
We have been through a very significant period of change for Employment Tribunals over the past two years: with the introduction of fees, pre-claim conciliation and new Tribunal Rules, all of which are likely to reduce the number of Tribunal claims ...
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Later this year the Court of Justice of the EU (CJEU) is expected to give a ruling addressing, for the first time, the extent to which EU law protects workers against discrimination on grounds of obesity. In the meantime, one of the CJEU&rsquo...
In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the Court of Justice of the European Union clarified the position regarding the protections and benefits that should be afforded ...
In the case of Tirkey v Chandok and another [2013], an Employment Tribunal considered whether that the existing definition of “race” within the Equality Act 2010 was wide enough to capture discrimination on the basis of caste. Background...
Since the removal of the default retirement age, there have been surprisingly few cases giving guidance as to when an employee might be lawfully retired. Some employers have implemented their own ‘Employer Justified Retirement Age’...
Is it necessarily unlawful for an employer to dismiss an employee for incapability if she fails to return to work following the end of maternity leave, where the reason for the absence is post-natal depression (or other pregnancy-connected illness)?...
Employment Tribunal statistics for the period October to December 2013 have shown a sharp decline in the number of Employment Tribunal claims brought since the fees regime was introduced last Summer. The statistics: in summaryThe latest statistics s...
Post-employment victimisation and the effects of Jessemy and Onu. The Court of Appeal has recently held that post-employment victimisation is unlawful, overturning the previous decision in Rowstock Ltd & another v Jessemey and providing he...
In 2013 we had the long awaited decisions in the combined appeals brought in the cases of Eweida and others v The United Kingdom. These comprised the judgment of the European Court of Human Rights, applying the right to freedom of thought cons...
When What Where 6 April 2014 View Details..
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