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A recent case in the Employment Tribunal highlights the problems that Facebook usage can cause for both employees and employers. In Whitham v Club 24 Ltd. t/a Ventura the Claimant (Ms Whitwam) worked for Club 24 Ltd as a team leader. Club 24 Limited provided customer services for Skoda, part of the Volkswagen Group. This …

In our continuing look at types of primary copyright infringement, we’re today going to look at the offence of issuing copies of copyrighted work to the public under s.18(1) of the Copyright Design and Patent Act 1998 (“CDPA 98”). The prohibition against issuing copies of copyrighted work to the public applies to every description of …

In an unfair dismissal case there are two obvious elements that have to be analysed – whether the Claimant was dismissed, and (if so) whether that dismissal was unfair. An employee can’t be unfairly dismissed without having been dismissed and, conversely, the dismissal can’t have been unfair unless the manner in which it was effected …

One of the remedies (apart from compensation) that the Employment Tribunal has the power to award is that of reinstatement or reengagement if the employee wins the case. In this post we’ll take a look at the remedies of reinstatement and reengagement and consider when the Employment Tribunal will order such a remedy for a …

The case of Central Manchester University Hospitals NHS Trust v Browne concerns the inference of discrimination in a case of direct race discrimination and victimisation, and the burden of proof in cases of discrimination. Although this case was advanced under the ‘old’ legislation (the Race Relations Act 1976) it provides a useful examination of when …

As we saw in a previous post, the copying of original works is one of the most common types of copyright infringement that occurs. Copying an original work is unlawful under s.17 of the Copyright Designs and Patents Act 1998. We will now take a look at how an original work can be copied and …

An important consideration in a claim for personal injury is whether the victim of the accident is statute-barred from claiming. If the claim is without the time period specified in the Limitation Act 1980 then it may not be possible to claim. The limitation date is generally calculated as three (3) years from the date …

Under the Employment Rights Act 1996 (“ERA 1996”) both employers and workers have rights and responsibilities relating to the protection and payment of wages. Employers can’t make deductions from their workers’ wages or request that the worker pay them money unless authorized under contract or statute (or with the worker’s consent). However, what happens when …

Under the Employment Rights Act 1996 employees and workers are given certain rights and responsibilities relating to the protection of their pay. This post will take a look at what the rights and responsibilities of both employers and workers are relating to the payment and protection of wages. Under the Employment Rights Act 1996 (“ERA …

The Government has announced that the statutory scheme for payments to victims of crime  (under the “Criminal Injuries Compensation Authority”) is set for a shake-up in 2012. The Criminal Injuries Compensation Scheme (“CICA”) was originally set up by then-incumbent Conservative government in 1995. The Criminal Injuries Compensation Scheme is designed to compensate victims of violent crime …