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Miles V Wakefield Metropolitan District Council
is a UK labour law case, concerning the theory of partial performance and strike action. Its authority has been questioned since. Facts Mr Miles worked a 37-hour week as a births, deaths and marriages registrar. Following the union, National and Local Government Officials, in industrial action he stopped working on Saturday mornings for weddings. He did other work, but refused to do weddings. The council said this amounted to three hours less per week, and deducted three 37ths from his pay. Irvine QC argued for the Council. Sedley QC argued for Mr Miles. In the High Court, Nicholls J said that the pay could be deducted. In the Court of Appeal, Parker LJ and Fox LJ said that unless he was dismissed, the council could not deduct pay. Eveleigh J dissented. Judgment The House of Lords held that pay could be deducted for the whole week. If the work is accepted out of necessity, then it is not contractual wages which are recoverable, but a quantum meruit. Lord Bridge said the fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Of Employment
An employment contract or contract of employment is a kind of contract used in labour law to attribute rights and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer". It has arisen out of the old master-servant law, used before the 20th century. Employment contracts relies on the concept of authority, in which the employee agrees to accept the authority of the employer and in exchange, the employer agrees to pay the employee a stated wage (Simon, 1951). Terminology A contract of employment is usually defined to mean the same as a "contract of service". A contract of service has historically been distinguished from a contract for the supply of services, the expression altered to imply the dividing line between a person who is "employed" and someone who is "self-employed". The purpose of the dividing line is to attribute rights to some kinds of people who work for others. This could be the right to a minimum wage, holiday pay, sick ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Derry Irvine, Baron Irvine Of Lairg
Alexander Andrew Mackay Irvine, Baron Irvine of Lairg, (born 23 June 1940), known as Derry Irvine, is a Scottish lawyer, judge and political figure who served as Lord Chancellor under his former pupil barrister, Tony Blair. Education Irvine was born in Inverness, Scotland, the son of a roofer and a waitress. He was educated at the fee-paying private school, Hutchesons' Boys' Grammar School in Glasgow. Later Irvine read Scots law at the University of Glasgow and became involved in debating with the Glasgow University Dialectic Society and at the Glasgow University Union, where he befriended contemporary Labourites Donald Dewar and John Smith. After reading English law at Christ's College, Cambridge, he taught law briefly at the London School of Economics and was called to the Bar in 1967. In the late 1960s, Dewar's wife, Alison, left Dewar for Irvine. Irvine later stated that the two men had remained on speaking terms, contrary to reports of a rift. They later served in the s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roger Parker (judge)
Sir Roger Jocelyn Parker (25 February 1923 – 21 May 2011) was a British barrister and judge. He was a Lord Justice of Appeal from 1983 to 1992. Biography Early life Parker was the son of Captain The Honourable Trevor Tempest Parker, DSC, RN and Marieka Louise Leonie, ''née'' Kleinwort, of the Kleinwort banking family. Both his grandfather, Robert Parker, Baron Parker of Waddington, and his uncle, Hubert Parker, Baron Parker of Waddington, were senior judges. Parker grew up in London and Sussex. He was educated at Eton College, before serving in the Rifle Brigade during the Second World War. Parker saw action in Italy and Austria, attained the rank of captain, and was mentioned in dispatches. Legal career After the war, he read Law at King's College, Cambridge, and was called to the Bar at Lincoln's Inn in 1948. He joined the chambers of John Ashworth, a commercial set originally located at Three Hare Court, and later at One Hare Court alongside Fisher, Neill, Slynn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Eveleigh
Sir Edward Walter Eveleigh, Emergency Reserve Decoration, ERD (8 October 1917 - 24 September 2014) was a British barrister, judge and British Army officer. He presided over a number of high-profile cases including that of the serial killer Graham Young and the former MP John Stonehouse. He went on to serve as a Lord Justice of Appeal from 1977 to 1985. Early life Eveleigh was born on 8 October 1917 in Eastleigh, Hampshire. His father was a railway clerk. He was educated at Peter Symonds College, Peter Symonds Grammar School, an all-boys grammar school in Winchester. While at school, he held the record for the 100-yard dash. He was a member of his school's Officer Training Corps, the forerunner to the Combined Cadet Force. He studied law at Brasenose College, Oxford, Brasenose College, Oxford University. Following a break in his studies when he was called up at the start of WW2, he graduated in 1940 with a Bachelor of Arts (BA) degree. This was later promoted to Master of Arts (Oxbr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nigel Bridge, Baron Bridge Of Harwich
Nigel Cyprian Bridge, Baron Bridge of Harwich, PC (26 February 1917 − 20 November 2007) was a British judge, who served as Lord of Appeal in Ordinary between 1980 and 1992. A leading appellate judge, Bridge is also remembered for having presided over the Birmingham Six trial. Early life Bridge was born in Codicote, Hertfordshire, the second son of Commander Cyprian Dunscomb Charles Bridge, Royal Navy, and of Gladys Bridge, ''née'' Steel, the daughter of a Lancashire cotton manufacturer. He never met his father, who had abandoned his mother shortly after his birth. He was the younger brother of Anthony Bridge, later Dean of Guildford. He followed his elder brother to Marlborough College, with a scholarship. Disliking the school, he went to Europe, where he learned French and German. Returning to Britain, he worked as a journalist on regional newspapers in Lancashire, and wrote an unpublished novel. He volunteered to join the Fleet Air Arm before the Second World War bro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Brightman, Baron Brightman
John Anson Brightman, Baron Brightman, Privy Council of the United Kingdom, PC (20 June 1911 – 6 February 2006) was a British barrister and judge who served as a Lords of Appeal in Ordinary, law lord between 1982 and 1986. Early life and career Brightman was born in Sandridge, Hertfordshire, the son of William Henry Brightman, a solicitor, and of Minnie Boston Brightman, ''née'' Way. He was educated at Doon House School in Kent, Marlborough College, and St John's College, Cambridge, where he read law. He was called to the bar at Lincoln's Inn in 1932. He then joined the chambers of Fergus Morton, Baron Morton of Henryton, Fergus Morton, later a law lord, and practised at the Chancery bar. During World War II, he volunteered as an Able Seaman (occupation), able seaman in the British Merchant Navy, Merchant Navy from 1939 to 1940, then was commissioned into the Royal Naval Reserve, Royal Naval Volunteer Reserve, serving on convoy in the Atlantic and the Mediterranean. In 1944, he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sydney Templeman, Baron Templeman
Sydney William Templeman, Baron Templeman, MBE, PC (3 March 1920 – 4 June 2014) was a British judge. He served as a Lord of Appeal in Ordinary from 1982 to 1995. Early life and career Templeman was born on 3 March 1920, the son of Herbert William Templeman (a coal merchant) & his wife Lilian née Pheasant. He was educated at Southall Grammar School and St John's College, Cambridge, where he was a scholar and read History. His studies were interrupted by World War II. In 1941, he was commissioned into the 4 Gorkha Rifles, and saw action on the Northwest Frontier, at Arakan, Imphal, and Burma. For his wartime service, he was mentioned in dispatches, and was demobilised as an honorary Major, and then later appointed an MBE for his war service. After the War, he returned to Cambridge to finish his studies, and read Law. He was called to the bar by the Middle Temple, where he was a Harmsworth Scholar, but joined Lincoln's Inn ''ad eundem'' as a MacMahon Scholar. He also practiced ... [...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] |
