HEALTH AND SAFETY AT WORK, ETC. ACT 1974: LEADING CASES (7) Section 37 of the 1974 Act deals with offences by companies. It states, in...

Prohibition At midnight on January 16, 1920, alcohol was criminalised in the United States of America. The Volstead Act, the Eighteenth...

Crown Censure proceedings are brought by the Health and Safety Executive as an alternative to criminal prosecutions. These proceedings...

Health and safety cases (6) Section 20, Health and Safety at Work, etc., Act 1974 Section 20 sets out, in detail, the powers of Health...

Health and Safety at Work Act leading cases (5) Section 6: Injury during trials of dummy mine Case: McKay v Unwin Pyrotechnics Ltd (1991)...

Health and Safety at Work Act leading cases (4) Reasonable practicability R v Nelson Group Services (Maintenance) Ltd (1999) N Ltd...

The “rule of law” has been defined to mean that no man is above the law. This principle is critically undermined by the concept of Crown...

EMPLOYMENT TRIBUNALS Remote hearings Summary of most recent provisions Hearings may take place in a wholly or partly remote basis. Wholly...

SUPREME COURT Illegality defence Case Ecila Henderson (A Protected Party, by her litigation friend, The Official Solicitor) v Dorset...

TIME OFF TO LOOK FOR WORK Employees with at least two years continuous employment are entitled to reasonable time off during a redundancy...

The Employment Tribunals (Constitution and Rules of Procedure) (Early Conciliation: Exemptions and Rules of Procedure) (Amendment)...

REDUNDANCY & DISCRIMINATION Age Discrimination Kirk v Citibank 3200291/2018, East London Employment Tribunal Facts Citibank made K...

Agreed procedures Jackson v General Accident, Fire & Life Assurance Co Ltd [1976] IRLR 338, EAT: The meaning of agreed procedure,...

Evidence of decision Agarwal v Cardiff University UKEAT/0115/19/RN A, a clinical senior lecturer employed by C, was dismissed for...

Failure to consult with an individual may make dismissal unfair but compensation may be reduced (Polkey reduction) where it made no...

UNFAIR REDUNDANCY DISMISSAL Automatically unfair dismissal for specified reasons No genuine redundancy situation Failure to consult...

Suitable Alternative Employment Unreasonable refusal of suitable alternative employment results in loss of statutory redundancy pay. S....

Closure of the workplace An employee is dismissed for redundancy if it is attributable wholly or mainly to the fact that the employer has...

REDUNDANCY: AN OUTLINE OF LAW AND PRACTICE Redundancy, like much of employment law, is an increasingly complex concept. Its legal...

REAL RISK Death of child R v Porter (2008) P was the headmaster of a private school aged 3 to 16. The school had two playgrounds, access...