Can foster carers be employees?

Mark Radford looks at the question of whether or not foster carers can be employees following a recent Employment Appeal Tribunal case. Read more
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  NEWS

Nov 25, 2020

Welsh Government to consult on changes to how alleged misconduct by senior officers in local government is tackled

The Welsh Government has launched a consultation on changes to how alleged misconduct of senior officers working in local authorities in Wales is dealt with.
Nov 24, 2020

Administrative Court dismisses suggestion LGPS ‘exit credits’ claim was brought out of time

A judge in the Administrative Court has rejected arguments that claims in relation to Local Government Pension Scheme (LGPS) ‘exit credits’ was brought out of time.
Nov 23, 2020

LLG and ALACE issue judicial review proceedings over Exit Payment Cap Regulations

LLG (Lawyers in Local Government) and ALACE (the Association of Local Authority Chief Executives and Senior Managers) have formally launched judicial review proceedings in a bid to quash the Exit Payment Cap Regulations.
Nov 19, 2020

Financially-troubled Croydon to ask LGA to investigate senior management actions

Senior managers at the London Borough of Croydon face investigation and potential disciplinary action as the council tries to extricate itself from a financial crisis.
Nov 11, 2020

Outgoing Commissioner for Public Appointments fires warning shot over growing political bias in appointments

Political bias in public appointments in increasing and has infuriated chairs of the bodies involved, Peter Riddell, the Commissioner for Public Appointments, has said.
Nov 04, 2020

Good Law Project and Runnymede Trust send pre-action letter over appointment of head of National Institute for Health Protection

The Good Law Project is seeking to raise £100,000 for a legal challenge to the appointment of Baroness Harding to head the National Institute for Health Protection.
Oct 29, 2020

The ICO’s new subject access guidance

The Information Commissioner’s Office has published detailed guidance on how organisations should deal with subject access requests (SARs) “effectively and efficiently”. Ibrahim Hasan looks at the key points.
Oct 27, 2020

LLG warns on erosion of rule of law, attacks inclusion of ‘pension strain’ in calculation of exit payment cap

LLG has said it is “growing increasingly disturbed by the erosion of the rule of law, the nibbling away at one of the fundamental principles that underpins democracy”.
Oct 23, 2020

LLG and chief executive groups send Treasury pre-action letter over making of regulations for exit payment cap

LLG and organisations representing chief executives and senior managers in local government have issued a pre-action protocol letter to HM Treasury over what they say are “significant legal flaws” in the proposed regulations for the exit payment cap and the process by which they have been brought thus far.
Oct 21, 2020

ICO moves to provide clarity in subject access requests on ‘stopping the clock’, manifestly excessive requests, and charges

The Information Commissioner’s Office has published detailed guidance on how organisations should deal with subject access requests (SARs) “effectively and efficiently”.

  FEATURES AND ANALYSIS

November 25, 2020

Exit pay cap regulations

What do the Exit Pay Cap Regulations do and what challenges might they present? Allison Cook and Mark Heath discuss the regulations.
November 20, 2020

Collective Consultation: Redundancies

Many employers are contemplating multiple redundancies that trigger collective consultation obligations. Mugni Islam-Choudhury and Anthony Korn provide a comprehensive overview of what employers need to do to ensure they have complied with their obligations in any collective consultation process.
November 20, 2020

Coronavirus (COVID-19) - Managing the Workplace

The following LexisNexis Employment practice note provides comprehensive and up to date legal information covering the management of workplaces during the Coronavirus pandemic.
November 20, 2020

Whistleblowing: Employment tribunal time limits and the application of the ACAS code of practice

The Employment Appeal Tribunal has held that the ACAS Code of Practice on Disciplinary and Grievance Procedures may apply to whistleblowing allegations. It has also held that the imposition of a new contract was a one-off act with continuing consequences, not an act extending over a period, write Zoë Wigan, Ceri Fuller and Hilary Larter.
November 13, 2020

When practical jokes go badly wrong

Is an employer vicariously liable for its employees’ practical jokes? Zoë Wigan, Ceri Fuller and Hilary Larter analyse a recent High Court judgment.
September 24, 2020

New equal pay guidance from the Court of Appeal

Anna Beale considers the importance of a recent Court of Appeal judgment in relation to equal pay.
September 17, 2020

Money for nothing?

Catherine Urquhart looks at the background to why sacked employees are chasing interim relief.
September 17, 2020

Employment law and Covid-19

This Employment guidance note from LexisNexis provides comprehensive and up to date legal information covering employment law issues arising from the Covid-19 pandemic.

  MORE NEWS

Oct 07, 2020

Regulator of social workers suspends voluntary removal process, instructs external counsel to advise

Social Work England has suspended a process of accepted disposal where social workers subject to fitness to practice proceedings could voluntarily retire from its register.
Sep 21, 2020

LLG President warns on Law Society representation for sector, impact of exit payment cap on those earning £40k+

LLG has hit out at plans to reduce the number of representatives from local government on the Law Society Council.
Sep 16, 2020

Union calls on care workers who make multiple visits to claim payments for travelling time

Trade union Unison has urged care workers and others to enter litigation over payments for time spent travelling between work appointments, following an Employment Tribunal ruling.
Sep 08, 2020

Ministry consults on impact of exit payment reforms on local government workforce

The Ministry of Housing, Communities and Local Government (MHCLG) has launched a consultation on proposals for reforming exit payment terms for local government workers.
Sep 03, 2020

Employment Appeal Tribunal upholds ruling specialist foster carers were employees of Scottish council

A trade union has hailed as a landmark ruling a case in which the Employment Appeal Tribunal found that foster care workers were council employees and so entitled to employment rights.
Aug 21, 2020

Quarantined legal professionals should not be permitted to attend court, says Law Society

The Law Society of England and Wales has warned that legal professionals should not break quarantine to attend hearings and tribunals despite government guidance that lawyers will be allowed to break the mandatory self-isolation period to attend court or tribunal hearings.
Aug 19, 2020

LLG calls for introduction of effective sanctions in consultation response on LGA draft Model Code of Conduct

Existing sanctions and those proposed under the Local Government Association’s draft Model Code of Conduct fall below the expectations of complainants, LLG has said.
Aug 04, 2020

Employment and public law specialist joins 39 Essex Chambers

Employment and public law barrister David Mitchell has joined 39 Essex Chambers from Ely Place with immediate effect.
Jul 28, 2020

Local government pension pool to appoint single law firm to advise on alternatives platform

Border to Coast Pensions Partnership, one of eight national Local Government pension pools, has given notice of its intention to appoint a single law firm to provide advice for its alternatives platform.
Jul 22, 2020

Government to apply £95k exit payment cap to whole public sector at same time

The government is to press ahead with implementation of its proposed £95,000 cap on exit payments in the public sector, but will no longer do so in two stages as originally suggested.
Jul 19, 2020

Employment Tribunal wrongly failed to allow that finding of unfair dismissal - in absence of monetary remedy - could be of value: EAT

An Employment Tribunal wrongly failed to allow that a finding of unfair dismissal, even absent the possibility of any monetary remedy, could be of value, in a case brought against a council by a deputy head teacher, the Employment Appeal Tribunal has ruled.
Jun 23, 2020

Chancery Lane demands action to clear employment tribunals backlog

The Law Society has called for action to be taken to clear a backlog of cases in employment tribunals ahead of an anticipated "avalanche" of post-COVID claims.
Jun 23, 2020

Sharpe Pritchard recruits employment law partner

Public law specialist Sharpe Pritchard has bolstered its employment law offering with the appointment of a new partner.
Jun 03, 2020

Employment Appeal Tribunal rejects appeal by council over unfair dismissal ruling following maintained school closure

A Welsh council has lost an appeal over a ruling that it unfairly dismissed a group of claimants following the closure of the school where they worked and who were unsuccessful in applying for positions at a new school that opened at the same location.
May 07, 2020

Council looks to furlough some staff and use Coronavirus Job Retention Scheme

Colchester Borough Council is set to furlough some of its staff, to limit the financial impact of the coronavirus crisis.
Apr 29, 2020

Supreme Court rules against government on LGPS and ethical disinvestment

The Supreme Court has overturned ministerial guidance to the Local Government Pension Scheme (LGPS) that was intended to put a stop to certain types of ethical disinvestment.
Apr 29, 2020

Law Commission calls for reforms to close “unsatisfactory gaps” in powers of employment tribunals

The Law Commission has made a series of recommendations for reform to the jurisdiction of employment tribunals, and the areas where they share jurisdiction with the civil courts to hear employment and discrimination claims.
Apr 28, 2020

Supreme Court to rule tomorrow on government guidance on LGPS and disinvestment

The Supreme Court will rule tomorrow (29 April) on whether parts of government guidance on the investment of Local Government Pensions Schemes – specifically requiring those administering the pension scheme not to pursue policies that are contrary to UK foreign policy or UK defence policy – were for an unauthorised purpose.
Apr 21, 2020

Independent investigation finds additional payments to chief executive “not lawfully made”

Decisions in 2019 to make additional payments to the then chief executive at Surrey Heath Borough Council “were not lawfully made”, an independent investigation by law firm Browne Jacobson has found.
Apr 02, 2020

Supreme Court rules on vicarious liability for data breach

The Supreme Court has ruled unanimously that supermarket chain Morrisons was not liable for the actions of employee who published staff salary data.
Mar 30, 2020

Head of legal nets fresh employment hearing after tribunal member found to be asleep

A council head of legal secured a fresh Employment Tribunal hearing because a member of the original tribunal was asleep for part of the proceedings, it has emerged.
Mar 23, 2020

Ministry of Justice clarifies those key workers seen as “essential to the running of the justice system”

The Ministry of Justice has shared a list of key workers considered “essential to the running of the justice system” during the coronavirus outbreak and therefore whose children will be prioritised for education provision, the Bar Council has revealed.
Mar 20, 2020

ACAS issues guidance on home-working for employers and employees

The Advisory, Conciliation and Arbitration Service (Acas) has set out the rights and responsibilities of employers and employees when working from home, in response to government advice for many workers to stay away from the office.
Mar 20, 2020

Government sets out list of ‘key workers’ to be prioritised for education provision

Only those administrative occupations in local and national government essential to the effective delivery of the COVID-19 response, or delivering essential public services, such as the payment of benefits, including in government agencies and arms-length bodies are among those considered 'key workers' to be prioritised for education provision, the Government has said.
Mar 19, 2020

Employment Tribunal awards whistleblowing doctor £857,000

A doctor who lost his job after making whistleblowing disclosures has been awarded more than £857,000 by an Employment Tribunal.

  MORE FEATURES

September 10, 2020

TUPE and splitting contracts of employment

Can a contract of employment be divided between transferees following a TUPE transfer? Charles Pigott examines a recent ruling of the Court of Justice of the European Union.
August 27, 2020

Public sector exit payments and local authority restructuring

Sarah Lamont and David Kitson look at how public sector bodies can get ready for new regulations and guidance on exit payments.
July 16, 2020

Disclosure of staff names in FOI requests

Ibrahim Hasan sets out the key considerations for public authorities when an FOI request calls for the disclosure of staff names.
June 26, 2020

Asking employees to re-apply for their old jobs

Can an employer ask a redundant employee to apply for their old job? Mark Stevens examines a recent Employment Appeal Tribunal (EAT) ruling.
June 19, 2020

Pensions: the employer’s duty to inform its employees

Police Scotland was found to have failed to inform an employee of important changes to their pension scheme in a recent Pension Ombudsman case which shed light on the employer's duty of care to its employees. Alice Kinder outlines the judgment.
May 21, 2020

Holiday pay and annual leave on furlough

Debra Gers examines the government guidance on holiday pay and annual leave for employees on furlough.
May 12, 2020

COVID-19: redundancy & business planning

The government's job retention scheme currently covers more than 3 million employees which shows the scale of the challenge that businesses will face when the scheme has ended. Rebecca Mahon, Mark Alaszewski and Adam McGlynn outline best practice for businesses that may have to trigger the redundancy process.
May 06, 2020

The three p's of processing ill health retirement

In this webinar, Alice Kinder looks at the impact of two recent decisions of the pensions ombudsman concerning the ill health retirement of individuals in the Local Government Pension Scheme (LGPS).
April 16, 2020

Employment law and Covid-19

This following employment guidance note from LexisNexis provides comprehensive and up to date legal information on employment law changes caused by the Covid-19 outbreak.
April 09, 2020

Data breaches and vicarious liability: employers breathe a sigh of relief

In an important judgment, the Supreme Court has ruled that an employer was not vicariously liable for the actions of an employee who stole and then posted payroll details of his colleagues online. Ibrahim Hasan examines the ruling.
April 03, 2020

The importance of pension trustee responsibilities

Gillian McCue examines a Pensions Ombudsman ruling against Hampshire County Council for failing to carry out proper due diligence before transferring a person's benefits to a retirement scheme which turned out to be a scam.
April 02, 2020

Coronavirus employment implications - FAQs

Allison Cook provides answers to frequently asked questions from public sector employers during the COVID-19 outbreak.
March 13, 2020

Credit where credit’s due

Doug Mullen and Alice Kinder look at changes to the rules on Local Government Pension Scheme exit credits.
March 06, 2020

Discrimination claims, PCPs and one-off acts

Can a one-off act qualify as a provision, criterion or practice for discrimination claims? Nadjia Zychowicz examines a recent Court of Appeal ruling.
February 21, 2020

Sexual harassment and harassment at work – EHRC’s technical guidance

Ingrid Mcghee examines the new guidance released by the Equality and Human Rights Commission on sexual harassment and harassment in the workplace.
February 14, 2020

Employees and child protection issues

The Employment Appeal Tribunal recently considered whether a probation service officer who failed to disclose a child protection issue was fairly dismissed. Ceri Fuller, Zoë Wigan and Hilary Larter analyse the outcome.
February 07, 2020

Climate emergency #7 - have you thought about Pensions & Investments?

Philip Woolham looks at how pensions and investment can further the climate change agenda.
January 17, 2020

A tale of a whistleblower and two hats….

The Court of Appeal has recently considered for the first time whether alleged detriments against whistleblowers have to be suffered in their capacity as employees (or workers) rather than in any other personal capacity, and concluded that they do. Sarah Hooton reports.
January 10, 2020

Neurodiversity in the workplace: hidden disabilities

Mark Radford looks at recent cases on hidden disabilities and outlines some steps employers can take when dealing with neuro-diverse employees.
January 03, 2020

The CSPL Review of Ethical Governance and Bullying

Paul Feild looks at what the Committee for Standards in Public Life has recommended in relation to bullying and sets out the actions councils can take to address the issue.