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O'Kelly V. Trusthouse Forte Plc
''O'Kelly v Trusthouse Forte plc'' 983ICR 728 was a UK labour law case, in which a bare majority held that a requirement for a contract is "mutuality of obligation" between the parties, which was thought to mean an ongoing duty to offer and accept work. It has been consistently doubted, and its outcome reversed by legislation, and its reasoning superseded by ''Autoclenz Ltd v Belcher'', which states that the only "mutual" obligations that are required is the consideration of work for a ''quid pro quo''.E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 3, 113 Facts Some waiters were hired to do dinner functions at the Grosvenor House Hotel. They were called up for banqueting occasions, and in their contracts it was written that they had no obligation to come, and by the same token the employer had no obligation to call them. They tried to organise a trade union, and were dismissed. They argued that they were dismissed unfairly, because trade union legislation (now in the ... [...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] |
Sir John Donaldson MR
John Francis Donaldson, Baron Donaldson of Lymington, (6 October 1920 – 31 August 2005) was a senior British judge who served as Master of the Rolls for ten years, from 1982 to 1992. He is best known in some circles for his role as presiding judge in the infamous Guildford Four miscarriage of justice. Early and private life He was born at 6 King Street, St Marylebone, London, the son of Malcolm Donaldson (1884-1973), consultant gynaecologist, and his first wife, Evelyn Helen Marguerite, née Gilroy. His father was a Harley Street-based gynaecologist. Donaldson attended first Charterhouse and then Trinity College, Cambridge. He served as chairman of the Federation of University Conservative and Unionist Associations, and harboured ambitions of representing the Conservative Party as a Member of Parliament . He was an Independent Ratepayers Councillor for the County Borough of Croydon from 1949 to 1953. After graduating with a lower second class degree in 1941, he joined the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Trade Union 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Equality 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
Nethermere (St Neots) Ltd V Gardiner
''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] |
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] |
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] |
Alexander Irvine QC
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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