James V. Greenwich LBC
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James V. Greenwich LBC
''James v Greenwich London Borough Council'' 008EWCA Civ 35is a UK labour law case, concerning implied contracts for workers who work through employment agencies. Its opinion was reversed by the Agency Workers Regulations 2010 and superseded by the more recent Supreme Court decision by Lord Clarke in ''Autoclenz Ltd v Belcher''. Facts Mrs James had worked for Greenwich London Borough Council, Greenwich Council (through a Brook Street plc subsidiary) for three years. She had begun with one agency, but then had changed to a different agency. She signed a new ‘temporary worker agreement’. The agencies paid her based on weekly timesheets. She was dismissed after she apparently took sick leave for two months without informing the agency or the council for her reasons. When Mrs James returned, she had been replaced. She claimed that she was unfairly dismissed. The Employment Tribunal held that Mrs James did not have the requisite mutuality of obligation to support a contract exis ...
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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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Agency Workers Regulations 2010
The Agency Workers Regulations 2010SI 2010/93 are a statutory instrument forming part of United Kingdom labour law. They aim to combat discrimination against people who work for employment agencies, by stating that agency workers should be no less favourably treated in pay and working time than their full-time counterparts who undertake the same work. It gives effect in UK law to the European Union's Temporary and Agency Workers Directive. Background The AWD 2010 was the culmination of a succession of attempts to get rights for agency workers. A previous proposal, the Temporary and Agency Workers (Equal Treatment) Bill 2008, was introduced in the British parliament, designed to secure equal pay and terms for working time between vulnerable agency workers and their permanent staff counterparts. It has now been superseded (though is in all material respects identical) by the Temporary and Agency Workers Directive2008/104/EC) which the UK was required to implement by December 2011 ...
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Autoclenz Ltd V Belcher
''Autoclenz Ltd v Belcher'' 011UKSC 41is a landmark UK labour law and English contract law case decided by the Supreme Court of the United Kingdom, concerning the scope of statutory protection of rights for working individuals. It confirmed the view, also taken by the Court of Appeal, that the relative bargaining power of the parties must be taken into account when deciding whether a person counts as an employee, to get employment rights. As Lord Clarke said, Facts Twenty car valeters, including Mr Paul Huntington and Mr Belcher, worked for Autoclenz Ltd in Measham, Derbyshire. Autoclenz Ltd had contracted with British Car Auctions Ltd (BCA) to provide valeting services. The valeters engaged by Autoclenz claimed holiday pay and pay at the rate of the national minimum wage. They had each signed contracts describing them as self-employed. Paul Huntington worked full-time from 1991 until the hearing before the Employment Tribunal (and thereafter) except for a few weeks working f ...
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Greenwich London Borough Council
Greenwich London Borough Council is the local authority for the Royal Borough of Greenwich in Greater London, England. It is a London borough council, one of 32 in the United Kingdom capital of London. Greenwich is divided into 23 wards, electing a total of 55 councillors. The council was created by the London Government Act 1963 and replaced two local authorities: Greenwich Metropolitan Borough Council and Woolwich Metropolitan Borough Council. The council meets in Woolwich Town Hall. History There have previously been a number of local authorities responsible for the Greenwich area. The current local authority was first elected in 1964, a year before formally coming into its powers and prior to the creation of the London Borough of Greenwich on 1 April 1965. Greenwich London Borough Council replaced Greenwich Metropolitan Borough Council and Woolwich Metropolitan Borough Council. It was envisaged that through the London Government Act 1963 Greenwich as a London local authori ...
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Brook Street Plc
Brook Street Bureau PLC is a UK recruitment specialist for office support, light industrial and mid-level professional occupations. The company is one of the UK’s leading employment agencies. Founded in Mayfair in 1946 by Margery Hurst (who later got an OBE), the company also manages "B.S. Social Care",see, the "B.S. Social Carewebsite/ref> BS Homecare and BS Professional which recruits mid-high level professionals. In 1965 Brook Street was the first employment agency to be listed on the London Stock Exchange and in 1985 it was the first to become a member of the British Quality Foundation. This was followed in 1987 when they joined the Employers Forum on Disability. Brook Street (UK) Ltd employs more than 500 staff in almost 100 branches nationwide and has 15,000 employer clients each year. It has 9000 temporary workers at any one time and 1000 new applicants per week. Brook Street is a member of the Recruitment and Employment Confederation, a lobby group for the intere ...
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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 ...
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Consistent Group Ltd V Kalwak
In classical deductive logic, a consistent theory is one that does not lead to a logical contradiction. The lack of contradiction can be defined in either semantic or syntactic terms. The semantic definition states that a theory is consistent if it has a model, i.e., there exists an interpretation under which all formulas in the theory are true. This is the sense used in traditional Aristotelian logic, although in contemporary mathematical logic the term ''satisfiable'' is used instead. The syntactic definition states a theory T is consistent if there is no formula \varphi such that both \varphi and its negation \lnot\varphi are elements of the set of consequences of T. Let A be a set of closed sentences (informally "axioms") and \langle A\rangle the set of closed sentences provable from A under some (specified, possibly implicitly) formal deductive system. The set of axioms A is consistent when \varphi, \lnot \varphi \in \langle A \rangle for no formula \varphi. If there exis ...
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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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2008 In United Kingdom Case Law
8 (eight) is the natural number following 7 and preceding 9. In mathematics 8 is: * a composite number, its proper divisors being , , and . It is twice 4 or four times 2. * a power of two, being 2 (two cubed), and is the first number of the form , being an integer greater than 1. * the first number which is neither prime nor semiprime. * the base of the octal number system, which is mostly used with computers. In octal, one digit represents three bits. In modern computers, a byte is a grouping of eight bits, also called an octet. * a Fibonacci number, being plus . The next Fibonacci number is . 8 is the only positive Fibonacci number, aside from 1, that is a perfect cube. * the only nonzero perfect power that is one less than another perfect power, by Mihăilescu's Theorem. * the order of the smallest non-abelian group all of whose subgroups are normal. * the dimension of the octonions and is the highest possible dimension of a normed division algebra. * the first number ...
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