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Abernethy V Mott, Hay And Anderson
''Abernethy v Mott, Hay and Anderson'' 974ICR 323 is a UK labour law case, concerning unfair dismissal. Facts Mr. Abernethy, a civil engineer, claimed unfair dismissal under the Industrial Relations Act 1971 section 24 from his firm of 20 years, Mott, Hay and Anderson, after declining a secondment to work for the Greater London Council and then being told he was redundant. He was offered £850 in redundancy and £750 ''ex gratia''. They argued he was either redundant or incapable of doing the work the employers wanted him to do. The Tribunal held he was not redundant, but the employers had shown he was incapable and it was not unfair. The National Industrial Relations Court dismissed his appeal. Unwillingness to work related to capability. Judgment The Court of Appeal held the dismissal was fair, and the employer did not act unfairly by failing initially to give the principal reason to the employee for dismissal. Lord Denning MR Alfred Thompson "Tom" Denning, Baron Denning ...
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Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ...
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UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ...
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Unfair Dismissal
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia (See: '' unfair dismissal in Australia'') Australia has long-standing protection for employees in relation to dismissal. Most of that protection was however confined in one of two ways. An employer could not dismiss an employee for a prohibited reason, most typically membership of a union.Such a''Commonwealth Conciliation and Arbitration Act'' 1904 (Cth)s9(1). An individual however could not challenge their own dismissal as being unfair and instead had to rely upon a union challenging the fairness of the dismissal. This remedy however was generally only available in the state tribunals. A similar definition existed at the Commonwealth level, however it was considerably limited by the requirement under the Constitution to establish an inter-state dispute. The ability for an individual to seek relief from unfai ...
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Civil Engineer
A civil engineer is a person who practices civil engineering – the application of planning, designing, constructing, maintaining, and operating infrastructure while protecting the public and environmental health, as well as improving existing infrastructure that may have been neglected. Civil engineering is one of the oldest engineering disciplines because it deals with constructed environment including planning, designing, and overseeing construction and maintenance of building structures, and facilities, such as roads, railroads, airports, bridges, harbors, channels, dams, irrigation projects, pipelines, power plants, and water and sewage systems. The term "civil engineer" was established by John Smeaton in 1750 to contrast engineers working on civil projects with the military engineers, who worked on armaments and defenses. Over time, various sub-disciplines of civil engineering have become recognized and much of military engineering has been absorbed by civil engineering. ...
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Industrial Relations Act 1971
The Industrial Relations Act 1971 (c.72) was an Act of the Parliament of the United Kingdom, since repealed. It was based on proposals outlined in the governing Conservative Party's manifesto for the 1970 general election. The goal was to stabilize industrial relations by forcing concentration of bargaining power and responsibility in the formal union leadership, using the courts. The act was intensely opposed by unions, and helped undermine the government of Edward Heath. It was repealed by the Trade Union and Labour Relations Act 1974 when the Labour Party returned to government. Background The Act followed the '' Report of the Royal Commission on Trade Unions and Employers’ Associations'', led by Lord Donovan, which sought to reduce industrial conflict and introduce a claim for unfair dismissal. However, under a Conservative government, the protection for workers was reduced compared to the Donovan Report proposals, and coupled with suppression of the right to collective ba ...
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Mott, Hay And Anderson
Mott, Hay and Anderson (MHA) was a successful 20th century firm of consulting civil engineers based in the United Kingdom. The company traded until 1989, when it merged with Sir M MacDonald & Partners to form '' Mott MacDonald''. History Early years The company was founded as a private partnership between Basil Mott and David Hay on 30 July 1902. Prior to forming the partnership both had spent time building London tube railways and Hay had worked on the Blackwall Tunnel, so it was no surprise that they concentrated on heavy civil engineering projects such as bridges, tunnels, railways and docks. Early projects included the reconstruction and extension of the City & South London Railway, the building and extension of the Central London Railway, the construction of lifts beneath St Mary Woolnoth church at Bank Underground station, the underpinning of Clifford's Tower, the reconstruction of Southwark Bridge and the widening of Blackfriars Bridge. Mott and Hay employed a youn ...
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Greater London Council
The Greater London Council (GLC) was the top-tier local government administrative body for Greater London from 1965 to 1986. It replaced the earlier London County Council (LCC) which had covered a much smaller area. The GLC was dissolved in 1986 by the Local Government Act 1985 and its powers were devolved to the London boroughs and other entities. A new administrative body, known as the Greater London Authority (GLA), was established in 2000. Creation The GLC was established by the London Government Act 1963, which sought to create a new body covering more of London rather than just the inner part of the conurbation, additionally including and empowering newly created London boroughs within the overall administrative structure. In 1957 a Royal Commission on Local Government in Greater London had been set up under Edwin Herbert, Baron Tangley, Sir Edwin Herbert, and this reported in 1960, recommending the creation of 52 new London boroughs as the basis for local government. It ...
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National Industrial Relations Court
{{Use dmy dates, date=April 2022 The National Industrial Relations Court (NIRC) was established on 1 December 1971 under Section 99 of the Industrial Relations Act 1971. The NIRC was created by the Conservative government of Ted Heath as a way to limit the power of trades union in the United Kingdom. It was empowered to grant injunctions as necessary to prevent injurious strikes and also to settle a variety of labour disputes. It also heard appeals from the Industrial tribunals. Unusually, its jurisdiction extended throughout the UK, making no distinction between England and Wales or Scotland. Its first and only President was John Donaldson, supported by John Brightman (both High Court judges who later became Law Lords) and Lord Thomson, a judge of the Scottish Court of Session. The court also had nine appointed lay members, and one of the three judges sat with a lay panel. The court hearings were in public, but its procedure was relatively informal, with neither the judge n ...
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Lord Denning MR
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ...
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United Kingdom Labour Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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1974 In United Kingdom Case Law
Major events in 1974 include the aftermath of the 1973 oil crisis and the resignation of United States President Richard Nixon following the Watergate scandal. In the Middle East, the aftermath of the 1973 Yom Kippur War determined politics; following Israeli Prime Minister Golda Meir's resignation in response to high Israeli casualties, she was succeeded by Yitzhak Rabin. In Europe, the invasion and occupation of northern Cyprus by Turkish troops initiated the Cyprus dispute, the Carnation Revolution took place in Portugal, and Chancellor of West Germany Willy Brandt resigned following an espionage scandal surrounding his secretary Günter Guillaume. In sports, the year was primarily dominated by the FIFA World Cup in West Germany, in which the Germany national football team, German national team won the championship title, as well as The Rumble in the Jungle, a boxing match between Muhammad Ali and George Foreman in Zaire. Events January–February * January 26 – Büle ...
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