Luke V Stoke County Council
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Luke V Stoke County Council
''Luke v Stoke-on-Trent City Council'' [2007EWCA Civ 761is a UK labour law case, concerning the test for an implied term. Facts Mrs Beryl Luke was a special needs teacher for Stoke. She had a dispute with the headmaster and went off sick from October 2002 to April 2003. She alleged bullying and harassment and the council commissioned an independent report on it, which rejected all but one allegation. She would not accept the conclusions. She refused their proposal that she be found equivalent hours elsewhere, because she wanted to return. The council stopped paying her in February 2004. She claimed unlawful deduction of wages. The Employment Tribunal dismissed her claim, saying the council acted reasonably saying she could not return to work unless she accepted the report's conclusions. It was an implied term that she be required to work elsewhere. Employment Appeal Tribunal dismissed her appeal. Judgment Mummery LJ, Laws LJ and Moses LJ also dismissed her appeal. In fact, it ha ...
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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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Mummery LJ
Sir John Frank Mummery, Deputy Lieutenant, DL (born 5 September 1938) is a former Lord Justice of Appeal and is President of the Investigatory Powers Tribunal and a member of the Court of Ecclesiastical Causes Reserved in the UK. Education Mummery attended Dover Grammar School for Boys between 1949 and 1957 and then Pembroke College, Oxford. Legal career Mummery was called to the bar (Gray's Inn) in 1964, becoming a bencher in 1985. He was a Junior Treasury Counsel (charity matters 1977–1981; chancery matters 1981–1989). By the 1970s he was known as a copyright barrister, being consulted on matters such as Led Zeppelin's ''Black Mountain Side'' and its relation to Bert Jansch's version of ''Down by Blackwaterside.'' He also represented Apple Corps in efforts to stop the distribution of recordings of ''The Beatles in Hamburg''. He was appointed a Recorder (judge), recorder in 1989 before being appointed a High Court judge (England and Wales), High Court judge on 4 October t ...
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Laws LJ
Sir John Grant McKenzie Laws (10 May 1945 – 5 April 2020) was a Lord Justice of Appeal. He served from 1999 to 2016. He was the Goodhart Visiting Professor of Legal Science at the University of Cambridge, and an Honorary Fellow of Robinson College, Cambridge. Early life Laws was born on 10 May 1945, the son of Dr Frederic Laws and his wife Dr Margaret Ross, ''née'' McKenzie, the daughter of the Congregational minister and academic John Grant McKenzie. He was educated at Durham Chorister School, and as a King's Scholar at Durham School. He studied at Exeter College, Oxford as a Senior Open Classical Scholar, receiving a First Class BA in 1967, and an MA in 1976. He became an Honorary Fellow of the College in 2000. Legal career He was called to the Bar at the Inner Temple in 1970, and appointed a Bencher in 1985. He was appointed First Junior Treasury Counsel (Common Law) in 1984, and a Recorder in 1985, holding both positions until his appointment to the High Court in 1992 ...
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Moses LJ
Sir Alan George Moses (born 29 November 1945) is a former Lord Justice of Appeal, a Court of Appeal Judge and the former chairman of Independent Press Standards Organisation (IPSO). He is joint Chair of the United Kingdom's Spoliation Advisory Panel. Education He was educated at Bryanston School and University College, Oxford. Legal career He was called to the Bar by the Middle Temple in 1968. He was a Member of the Attorney-General's Panel of Junior Counsel to the Crown, Common Law from 1981 to 1990 and was Junior Counsel to the Inland Revenue, Common Law from 1985 to 1990. He took silk in 1990. He served as a High Court Judge (Queen's Bench Division) from 1996 to 2005; Presiding Judge of the South Eastern Circuit 1999-2002 and was appointed as a Lord Justice of Appeal in 2005. In 2003 he was the judge in the high-profile Soham murders case which led to the imprisonment of Ian Huntley. He retired from the Court of Appeal in May 2014. Chairman of IPSO He was appointed as ...
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Stoke-on-Trent City Council
Stoke-on-Trent City Council is the local authority of Stoke-on-Trent, Staffordshire, England. As a unitary authority, it has the combined powers of a non-metropolitan county and district council and is administratively separate from the rest of Staffordshire. Since the 2019 election the council has been run by a Conservative minority administration with support from independent councillors. Powers and functions The local authority derives its powers and functions from the Local Government Act 1972 and subsequent legislation. For the purposes of local government, Stoke-on-Trent is a non-metropolitan area of England. As a unitary authority, Stoke-on-Trent City Council has the powers and functions of both a non-metropolitan county and district council combined. In its capacity as a district council it is a billing authority collecting Council Tax and business rates, it processes local planning applications, it is responsible for housing, waste collection and environmental health. ...
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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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Employment Appeal Tribunal
The Employment Appeal Tribunal is a tribunal in England and Wales and Scotland, and is a superior court of record. Its primary role is to hear appeals from Employment Tribunals in England, Scotland and Wales. It also hears appeals from decisions of the Certification Officer and the Central Arbitration Committee and has original jurisdiction over certain industrial relations issues. The tribunal may sit anywhere in Great Britain, although it is required to have an office in London. It is part of the UK tribunals system, under the administration of His Majesty's Courts and Tribunals Service. The tribunal may not make a declaration of incompatibility under the Human Rights Act 1998. Membership There are two classes of members of the tribunal: *Nominated members, who are appointed from English and Welsh circuit judges, judges of the High Court and the Court of Appeal as well as at least one judge from the Court of Session. *Appointed members, who must have special knowledge or exper ...
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Mahmoud V BCCI SA
''Malik and Mahmud v Bank of Credit and Commerce International SA'' 997UKHL 23is a leading English contract law and UK labour law case, which confirmed the existence of the implied term of mutual trust and confidence in all Contract of employment, contracts of employment. Facts Mr Malik and Mr Mahmud both worked for the Bank of Credit and Commerce International. BCCI went insolvent due to massive fraud, connection with terrorists, money-laundering, extortion and a raft of other criminal activity on a global scale. Malik and Mahmud had both lost their jobs and they sought employment elsewhere. They could not find jobs. They sued the company for their loss of job prospects, alleging that their failure to secure new jobs was due to the reputational damage they had suffered from working with BCCI. Nobody, they said, wanted to hire people from a massive fraud operation like that at the company. This raised the question of what duty the company had owed to its employees that had been b ...
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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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2007 In United Kingdom Case Law
7 (seven) is the natural number following 6 and preceding 8. It is the only prime number preceding a cube. As an early prime number in the series of positive integers, the number seven has greatly symbolic associations in religion, mythology, superstition and philosophy. The seven Classical planets resulted in seven being the number of days in a week. It is often considered lucky in Western culture and is often seen as highly symbolic. Unlike Western culture, in Vietnamese culture, the number seven is sometimes considered unlucky. It is the first natural number whose pronunciation contains more than one syllable. Evolution of the Arabic digit In the beginning, Indians wrote 7 more or less in one stroke as a curve that looks like an uppercase vertically inverted. The western Ghubar Arabs' main contribution was to make the longer line diagonal rather than straight, though they showed some tendencies to making the digit more rectilinear. The eastern Arabs developed the digit ...
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History Of Stoke-on-Trent
Stoke-on-Trent (often abbreviated to Stoke) is a city and unitary authority area in Staffordshire, England, with an area of . In 2019, the city had an estimated population of 256,375. It is the largest settlement in Staffordshire and is surrounded by the towns of Newcastle-under-Lyme, Alsager, Kidsgrove, Biddulph and Stone, which form a conurbation around the city. Stoke is polycentric, having been formed by the federation of six towns in 1910. It took its name from Stoke-upon-Trent where the main centre of government and the principal railway station in the district were located. Hanley is the primary commercial centre; the other four towns which form the city are Burslem, Tunstall, Longton and Fenton. Stoke-on-Trent is the home of the pottery industry in England and known as The Potteries. Formerly a primarily industrial conurbation, it is now a centre for service industries and distribution centres. History Toponymy and etymology The name ''Stoke'' is taken from the ...
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