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Nethermere
''Nethermere (St Neots) Ltd v Gardiner And Another'' 984ICR 612 is a UK labour law case in the Court of Appeal in the field of home work and vulnerable workers. Many labour and employment rights, such as unfair dismissal, in Britain depend on one's status as an "employee" rather than being "self-employed", or some other "worker". This case stands for the proposition that where "mutuality of obligation" between employers and casual or temporary workers exists to offer work and accept it, the court will find that the applicant has a "contract of employment" and is therefore an employee. This case is also notable in that it was one of former UK Prime Minister Tony Blair's last cases conducted as a barrister. He acted for the employers. He appeared in the Employment Appeal Tribunal on behalf of the employer but his arguments to deny the workers' unfair dismissal rights were emphatically rejected in the judgment. The employers also lost in the Court of Appeal. Facts The applicants ( ... [...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] |
Carmichael V National Power Plc
''Carmichael v National Power plc'' 999UKHL 47is a British labour law case on the contract of employment for the purpose of the Employment Rights Act 1996. Facts Tour guides had complained that they hadn't received written statement of the employment contracts under s.1 of the Employment Rights Act 1996. They worked at Blyth Power Stations in Northumberland, for the Central Electricity Generating Board. Their hiring contracts said ‘I am pleased to note that you are agreeable to be employed by the C.E.G.B. at Blyth ‘A’ and ‘B’ power stations on a casual as required basis as a station guide.’ Judgment The House of Lords decided that they were not employees for the purpose of s 1, because there was not sufficient 'mutuality of obligation' when the guides were not actually guiding. Lord Irvine of Lairg said that there would not have been an ‘irreducible minimum of mutuality of obligation necessary to create a contract of service’ (relying on '' Nethermere'') between ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Employment Rights Act 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 o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Arnold Scott Cairns
Sir David Arnold Scott Cairns (5 March 1902 – 8 September 1987), was a British judge and Liberal Party (UK), Liberal Party politician. Background Cairns was a son of David Cairns JP, a Freeman of Sunderland and Sarah Scott Cairns. He was educated at Sunderland College, Bede Grammar School for Boys, Sunderland and Pembroke College, Cambridge. In 1932 he married Irene Cathery Phillips. They had one son and two daughters. He was knighted in 1955. He was made a member of the Privy Council in 1970. Political career He was Liberal candidate for the Epsom (UK Parliament constituency), Epsom division of Surrey at the 1947 Epsom by-election. He did not stand for parliament again. However, the following year he was elected to Leatherhead Urban District Council. He served for two three-year terms. He was also actively involved inside the Liberal Party on policy development. From 1948-49 he was Chairman of the Liberal Party Commission on Trade Unions. From 1951-53 he was a memb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ready Mixed Concrete (South East) Ltd V Minister Of Pensions And National Insurance
''Ready Mixed Concrete (South East) Ltd v Minister of Pensions and National Insurance'' 9682 QB 497 is a UK labour law case concerning the definition of a contract of service, rather than a contract for services. The distinction is important because many employment law rights under the Employment Rights Act 1996 require that a claimant has "employee" status under s 230. An employee is defined as someone with a contract of employment, and that is defined to be a contract of service (or apprenticeship). This is a leading case. A senior UK judge has stated that employment status is a matter of law. This statement needs to be understood as clarifying that the parties to a contract do not have the clear power to define and agree (in a contract) that the contract is either employment, or not-employment. This decision, where in dispute, is a matter for the courts. Facts Thomas Latimer had worked for Ready Mixed Concrete Ltd as a yard batcher from 1959 to 1963. The company delivered c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Whittle V Frankland
Whittle may refer to: Crafts *Whittling, the carving of wood with a knife People *Whittle (name), a surname, and a list of people with the name Places *Whittle, Kentucky * Whittle, Derbyshire, a hamlet near Glossop, Derbyshire, United Kingdom *Whittle-le-Woods, a village in Lancashire Companies *Whittle Shortline US toy company *Whittles, a bus company in England TV shows * Whittle (game show) ''Everybody's Equal'' is a game show that originally aired on ITV from 7 June 1989 to 22 July 1991 and hosted by Chris Tarrant. It was later revived under the name ''Whittle'' and aired on Channel 5 from 31 March to 30 December 1997 with Tim V ... short-lived UK gameshow from 1997 Aviation * Gloster Whittle the first British jet aircraft * Whittle Unit jet engine * Whittle W1 jet engine * Whittle W2 jet engine See also * Justice Whittle (other) {{disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bailey Case
Bailey may refer to: People and fictional characters * Bailey (surname) * Bailey (given name) Castles and bridges * Bailey (castle), or ward, a courtyard of a castle or fortification, enclosed by a curtain wall * Bailey bridge, a portable prefabricated truss bridge Places * The Bailey, a historic area in the centre of Durham, England * Bailey, Colorado, US, an unincorporated community * Bailey, Minnesota, US, an unincorporated community * Bailey, Mississippi, US, an unincorporated community * Bailey, Missouri, US, an unincorporated community * Bailey, North Carolina, US, a town * Bailey, Oklahoma, US, a ghost town * Bailey, Texas, US, a city * Mount Bailey (other), two mountains in the US and one in Antarctica * Bailey Brook (West Branch French Creek tributary), Pennsylvania, US * Bailey Creek (other) * Bailey Park, Austin, Texas, US * Bailey Peninsula, Wilkes Land, Antarctica ** Bailey Rocks, on the north side of Bailey Peninsula * Bailey Peninsula, Washington, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Turner V Sawdon & Co
Turner may refer to: People and fictional characters *Turner (surname), a common surname, including a list of people and fictional characters with the name *Turner (given name), a list of people with the given name *One who uses a lathe for turning *Sean and Dorothy Turner are the protagonists of ''Servant'' as is their infant "son" Jericho. Places Australia *Turner, Australian Capital Territory *Turner River, Western Australia Canada *Turner, Ontario United States *Turner, Mississippi County, Arkansas *Turner, Phillips County, Arkansas *Turner, former name of Tuttle, California *Turner, Indiana *Turner, Kansas *Turner, Maine, a New England town **Turner (CDP), Maine, within the town of Turner *Turner, Michigan *Turner, Montana *Turner, Oregon *Turner, Washington *Turner, West Virginia *Turner Air Force Base, outside Albany, Georgia *Turner County, Georgia *Turner County, South Dakota Businesses *Turner Broadcasting System, part of WarnerMedia, managed a collection of cable netw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Stephenson (judge)
Sir John Frederick Eustace Stephenson (28 March 1910 – 1 November 1998) was an English barrister and judge, a Lord Justice of Appeal from 1971 until his retirement in 1985 and a member of the Privy Council. As a Judge of the Court of Appeal he was known as Lord Justice Stephenson. Early life The second son of Sir Guy Stephenson CB, by his marriage to Gwendolen Talbot, a daughter of John Gilbert Talbot PC MP, Stephenson was a grandson of Sir Augustus Frederick William Keppel Stephenson (1827–1904) a Treasury Solicitor and Director of Public Prosecutions. He had two sisters, Margaret Eglantine (born 1907) and Jane (1914) and three brothers, Augustus (1909), Paul (1913) and H. J. Stephenson (1921–1943). He was educated at West Downs, Winchester College and New College, Oxford, holding scholarships at both. He took a first in Honours Moderations in 1930 and another in Literae Humaniores in 1932, graduating BA in 1932.'STEPHENSON, Rt Hon. Sir John (Frederick Eustace)', in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Devonald V Rosser & Sons
''Devonald v Rosser & Sons'' 9062 KB 728 is a UK labour law case concerning the contract of employment. It held that an implied term of employment contracts is that when there is no work available to be done, the employer must bear the risk by continuing to pay wages. Facts In a test case, Mr Devonald was a tinplate rollerman at Rosser & Sons’ factory in Cilfrew, South Wales. He was paid for each completed box of 112 tin plates. His contract said he was required to do the tasks set by the employer and that he would get 28 days' notice before termination. Unfortunately, tinplates were in decline and the employer announced the plant would close in two weeks. There was a six-week period, therefore, when the employer gave no work. The question was whether the employer had to pay, given that payment was really according to piece. Judgment Lord Alverston CJ held that the employee did not bear the risk of plant closure. See also *UK labour law *Employment contract in English law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Withers V Flackwell Heath Football Supporters Club
The withers is the ridge between the shoulder blades of an animal, typically a quadruped. In many species, it is the tallest point of the body. In horses and dogs, it is the standard place to measure the animal's height. In contrast, cattle are often measured to the top of the hips. The term (pronounced ) derives from Old English ''wither'' (“against”), because it is the part of a draft animal that pushes against a load. Horses The withers in horses are formed by the dorsal spinal processes of roughly the 3rd through 11th thoracic vertebrae, which are unusually long in this area. Most horses have 18 thoracic vertebrae. The processes at the withers can be more than long. Since they do not move relative to the ground as the horse's head does, the withers are used as the measuring point for the height of a horse. Horses are sometimes measured in hands – one hand is . Horse heights are extremely variable, from small pony breeds to large draft breeds. The height at the w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
