Transco Plc V O'Brien
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Transco Plc V O'Brien
is a UK labour law case concerning the contract of employment. Facts Mr O’Brien worked through an employment agency. He moved to an hourly wage. Transco announced it would give better terms to a 70 strong workforce, except Mr O’Brien, who it did not regard as permanent. Judgment Pill LJ gave the judgment for the Court of Appeal held that Mr O'Brien was an employee and that there had been a breach of contract. Longmore LJ and Sir Martin Nourse agreed. See also *UK labour law *Employment contract in English law *''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 ...'' 2 References * United Kingdom labour case law Court of Appeal (England and Wales) cases 2002 in United Kingdom case law">Court of Appeal (England and Wales) cases">United Kingdom la ...
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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 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 and the 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, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. The ...
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Pill LJ
Pill or The Pill may refer to: Drugs * Pill (pharmacy), referring to anything small for a specific dose of medicine * "The Pill", a general nickname for the combined oral contraceptive pill Film and television * ''The Pill'' (film), a 2011 film * "The Pill", a 1999 episode of ''That '70s Show'' Music * "The Pill" (song), a song by Loretta Lynn *The Pills, American rock band * "The Pill", a song by The Brothers-in-Law * "Pills", a song by Bo Diddley * "Pills", a song by Joji from '' In Tongues'' * "Pills", a song by The Mess Hall from ''Notes from a Ceiling'' * "Pills", a song by St. Vincent from ''Masseduction'' Places * Pil (placename) or Pill, a placename element of Welsh origin * Pill, Tyrol, a municipality in Austria * Pill, Somerset, a village in England, United Kingdom * Pillgwenlly or Pill, an electoral ward in Newport, South Wales, United Kingdom * Pill Priory, near Milford Haven in Pembrokeshire, Wales, United Kingdom Other uses * Pill (surname), list of peopl ...
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Longmore LJ
Sir Andrew Centlivres Longmore (born 25 August 1944), styled The Rt Hon. Lord Justice Longmore, is a British lawyer and judge. Educated at Winchester College and Lincoln College, Oxford, he was called to the Bar at the Middle Temple in 1966 and was appointed a QC in 1983. A Judge of the High Court from 1993, he rose to the rank of Lord Justice of Appeal in 2001. Judgments Key judgments of Lord Justice Longmore include: * ''Lomas v JFB Firth Rixson Inc'' 012EWCA 419Described as a "comprehensive judgment hichmasterfully resolved a number of conflicting strands of jurisprudence". *'' Collier v P & MJ Wright (Holdings) Ltd'' 007EWCA Civ 1329, 0081 WLR 643 - English contract law concerning the doctrine of consideration and promissory estoppel A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also ...
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Martin Nourse
Sir Martin Charles Nourse (3 April 1932 – 28 November 2017) was a Lord Justice of Appeal of England and Wales, who served as Vice-President of the Civil Division of the Court of Appeal of England and Wales from 2003 until his retirement from the bench in 2006. One of his most notable cases related to multi millionaire Sir Charles Clore. He ruled in favour of the Inland Revenue, that Clore was domiciled in England for tax purposes, despite being resident in Monaco. Clore died on his last visit to England in 1979. Nourse's wife, Lady Lavinia Nourse (née Malim), was acquitted of 17 counts of historic child sex abuse in May 2021 and has subsequently called for law reforms to allow the accused, media anonymity unless or until they are charged. Education and military service Nourse attended Winchester College (1945–1950) and Corpus Christi College, Cambridge. He served as a second lieutenant in the Rifle Brigade from 1951 to 1952, and subsequently in the Territorial Army in th ...
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Employment Contract
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 ...
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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. 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 vote for the directors of the ...
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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 ...
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Malcolm Pill
Malcolm, Malcom, Máel Coluim, or Maol Choluim may refer to: People * Malcolm (given name), includes a list of people and fictional characters * Clan Malcolm * Maol Choluim de Innerpeffray, 14th-century bishop-elect of Dunkeld Nobility * Máel Coluim, Earl of Atholl, Mormaer of Atholl between 1153/9 and the 1190s * Máel Coluim, King of Strathclyde, 10th century * Máel Coluim of Moray, Mormaer of Moray 1020–1029 * Máel Coluim (son of the king of the Cumbrians), possible King of Strathclyde or King of Alba around 1054 * Malcolm I of Scotland (died 954), King of Scots * Malcolm II of Scotland, King of Scots from 1005 until his death * Malcolm III of Scotland, King of Scots * Malcolm IV of Scotland, King of Scots * Máel Coluim, Earl of Angus, the fifth attested post 10th-century Mormaer of Angus * Máel Coluim I, Earl of Fife, one of the more obscure Mormaers of Fife * Maol Choluim I, Earl of Lennox, Mormaer * Máel Coluim II, Earl of Fife, Mormaer * Maol Choluim II, Earl ...
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Malik V Bank Of Credit And Commerce International 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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Andrew Longmore
Sir Andrew Centlivres Longmore (born 25 August 1944), styled The Rt Hon. Lord Justice Longmore, is a British lawyer and judge. Educated at Winchester College and Lincoln College, Oxford, he was called to the Bar at the Middle Temple in 1966 and was appointed a QC in 1983. A Judge of the High Court from 1993, he rose to the rank of Lord Justice of Appeal in 2001. Judgments Key judgments of Lord Justice Longmore include: * '' Lomas v JFB Firth Rixson Inc'' 012EWCA 419Described as a "comprehensive judgment hichmasterfully resolved a number of conflicting strands of jurisprudence". *'' Collier v P & MJ Wright (Holdings) Ltd'' 007EWCA Civ 1329, 0081 WLR 643 - English contract law concerning the doctrine of consideration and promissory estoppel A promise is a commitment by someone to do or not do something. As a noun ''promise'' means a declaration assuring that one will or will not do something. As a verb it means to commit oneself by a promise to do or give. It can also mean ...
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Employment Contract In English Law
An employment contract in English law is a specific kind of contract whereby one person performs work under the direction of another. The two main features of a contract is that work is exchanged for a wage, and that one party stands in a relationship of relative dependence, or inequality of bargaining power. On this basis, statute, and to some extent the common law, requires that compulsory rights are enforceable against the employer. There are diverging views about the scope by which English law covers employees, as different tests are used for different kinds of employment rights, legislation draws an apparent distinction between a "worker" and an "employee", and the use of these terms are also different from their use in the European Court of Justice and European Union Directives. Under the Employment Rights Act 1996 section 230, an "employee" is anyone with a contract of service, which takes its meaning from a series of court cases that are also applicable for tax and tort law ...
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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 ...
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