|
Cairns V Visteon UK Ltd
''Cairns v Visteon UK Ltd'' (2006) is a United Kingdom labour law case, regarding the scope of protection available to agency workers.* Facts An assistant manager of 7 years with Visteon UK Ltd, Ms Cairns became an agency worker for the four most recent years through an agency named ‘MSX’. She was dismissed for allegedly falsifying her time sheets. The agency did investigations and cleared her, but Ms Cairns was not allowed back to work. The agency gave her pay in lieu of notice and redundancy. But she wanted compensation for unfair dismissal and brought a claim to the tribunal. Judgment Judge Peter Clark held that Ms Cairns was not an "employee" under ERA 1996 s 230, and therefore could not bring an unfair dismissal claim. Doubting dicta in ''Dacas v Brook Street Bureau (UK) Ltd ''Dacas v Brook Street Bureau (UK) Ltd'' 004EWCA Civ 217UK labour law">is a UK labour law case, concerning the employment rights of agency workers. Facts Patricia Dacas had worked for Wandsw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Agency Worker Law
United Kingdom agency worker law refers to the law which regulates people's work through employment agencies in the United Kingdom. Though statistics are disputed, there are currently between half a million and one and a half million agency workers in the UK, and probably over 17,000 agencies. As a result of judge made law and absence of statutory protection, agency workers have more flexible pay and working conditions than permanent staff covered under the Employment Rights Act 1996. For most of the 20th century, employment agencies were quasi-legal entities in international law. The International Labour Organization in many Conventions called on member states to abolish them. However, the UK never signed up. The major piece of legislation which regulates agency practices is the Employment Agencies Act 1973, though it was slimmed considerably by the Deregulation and Contracting Out Act 1994. This abolished licences, so agencies operate without governmental oversight, except for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
ERA 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975 and the Wages Act 1986. It deals with rights that most employees can get when they work, including unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dacas V Brook Street Bureau (UK) Ltd
''Dacas v Brook Street Bureau (UK) Ltd'' 004EWCA Civ 217UK labour law">is a UK labour law case, concerning the employment rights of agency workers. Facts Patricia Dacas had worked for Wandsworth LBC (on assignment through Brook Street plc) as a cleaner for four years. She was dismissed for apparent rudeness to a visitor. She claimed unfair dismissal against both Brook Street and the local council. The Employment Tribunal held that Dacas had neither a contract of service with the employment agency, nor any contract at all with the council. On appeal, the Employment Appeal Tribunal held the Tribunal had erred in law, and found that Dacas was employed by Brook Street. Judgment The Court of Appeal, Mummery LJ, Sedley LJ and Munby J, held that Brook Street had been under no obligation to provide Dacas with work, and Dacas had been under no obligation to accept, and simply because Brook Street had paid her, this did not make Brook Street her employer. Instead the council had day to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sedley LJ
Sir Stephen John Sedley (born 9 October 1939) is a British lawyer. He worked as a judge of the Court of Appeal of England and Wales from 1999 to 2011 and was a visiting professor at the University of Oxford from 2011 to 2015. Early life and education Sedley was born to Rachel and William "Bill" Sedley. His father, who came from a Jewish immigrant family, operated a legal advice service in the East End of London in the 1930s.Morning Star 7 July 1985 In the Second World War, Bill (1910–1985) served in North Africa and Italy with the Eighth Army. He founded the firm of lawyers of Seifert and Sedley in the 1940s with Sigmund Seifert, and was a lifelong Communist. Stephen himself joined the Communist Party of Great Britain in 1958, and left in the early 1980s. He was an unsuccessful Communist candidate for the Camden ward on Camden London Borough Council at the 1974 local elections. Sedley was described as a "former member" of the party by ''The Daily Telegraph'' in 2007. Sir Ste ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Appeal Tribunal Cases
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts. Employees and employers An employee contributes labour and expertise to an endeavor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
