Stringfellow Restaurants Ltd V Quashie
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Stringfellow Restaurants Ltd V Quashie
''Stringfellow Restaurants Ltd v Quashie'' 012EWCA Civ 1735is a UK labour law case concerning employment status. Facts The claimant, Ms Quashie, worked as a lap dancer for 18 months at two clubs owned by the appellant. She paid a fee to work at the club, and was classed as an independent contractor in the club owner's handbook. Ms Quashie was paid directly by patrons, with prices set out by the club for various dance packages. She was paid in 'heavenly money', which was a type of voucher patrons bought from the club. At the end of a shift, she would exchange these for a payment from the club. The club would make various deductions from this to pay for the facilities. They could also make deductions for things such as being late for a shift, or being off rota. Ms Quashie brought a claim for unfair dismissal, after being dismissed because of involvement with drugs. The issue was whether she came under the definition of "employee" under section 230 of the Employment Rights Act 199 ...
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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 have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 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 or NHS foundation trusts, staff can Codeterminati ...
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Unfair Dismissal
In labour law, unfair dismissal is an act of employment termination made without good reason or contrary to the country's specific legislation. Situation per country Australia Australia has long-standing protection for employees in relation to dismissal. Most of that protection was however confined in one of two ways. An employer could not dismiss an employee for a prohibited reason, most typically membership of a union.Such a''Commonwealth Conciliation and Arbitration Act'' 1904 (Cth)s9(1). An individual however could not challenge their own dismissal as being unfair and instead had to rely upon a union challenging the fairness of the dismissal. This remedy however was generally only available in the state tribunals. A similar definition existed at the Commonwealth level, however it was considerably limited by the requirement under the Constitution to establish an inter-state dispute. The ability for an individual to seek relief from unfair dismissal was first established in a ...
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Employment Rights Act 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament (United Kingdom), Act of Parliament passed by the Conservative Party (UK), Conservative government to codify existing law on individual rights in UK labour law. History Previous statutes, dating from the Contracts of Employment Act 1963, included the Redundancy Payments Act 1965, the Employment Protection Act 1975, and thWages Act 1986 It deals with rights that most employees can get when they work, including Unfair dismissal in the United Kingdom, unfair dismissal, reasonable notice before dismissal, time off rights for parenting, redundancy and more. It was amended substantially by the Labour government since 1997, to include the right to request flexible working time. This coincides with the Rights at Work Act 1995. Part I, Employment particulars An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee w ...
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The Guardian
''The Guardian'' is a British daily newspaper. It was founded in Manchester in 1821 as ''The Manchester Guardian'' and changed its name in 1959, followed by a move to London. Along with its sister paper, ''The Guardian Weekly'', ''The Guardian'' is part of the Guardian Media Group, owned by the Scott Trust Limited. The trust was created in 1936 to "secure the financial and editorial independence of ''The Guardian'' in perpetuity and to safeguard the journalistic freedom and liberal values of ''The Guardian'' free from commercial or political interference". The trust was converted into a limited company in 2008, with a constitution written so as to maintain for ''The Guardian'' the same protections as were built into the structure of the Scott Trust by its creators. Profits are reinvested in its journalism rather than distributed to owners or shareholders. It is considered a newspaper of record in the UK. The editor-in-chief Katharine Viner succeeded Alan Rusbridger in 2015. S ...
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Robinson V HRH Al Qasimi
Robinson may refer to: People and names * Robinson (name) Fictional characters * Robinson Crusoe, the main character, and title of a novel by Daniel Defoe, published in 1719 Geography * Robinson projection, a map projection used since the 1960s to show the entire world in two dimensions * Robinson (crater), a small lunar impact crater southwest of the large walled plain J. Herschel ;United States * Robinson, Illinois * Robinson, Iowa * Robinson, Kansas * Robinson, Kentucky * Robinson, Minnesota * Robinson, North Dakota * Robinson, Texas * Robinson Township, Allegheny County, Pennsylvania * Robinson Township, Washington County, Pennsylvania * Robinson, Indiana County, Pennsylvania ;United Kingdom * Robinson (Lake District), a 737 m hill in England's Lake District * Robinson College, Cambridge, a college in England's University of Cambridge ;France * Robinson (Paris RER), a commuter train station in Paris Ships * USS ''Robinson'', the name of more than one United States Navy ...
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Patel V Mirza
is an English contract law case concerning the scope of the illegality principle relating to insider trading under section 52 of the Criminal Justice Act 1993. In 2020, the Supreme Court described this case as having set out a "a significant development in the law relating to illegality at common law". Facts Mr. Patel paid £620,000 to Mr. Mirza pursuant to an agreement under which Mr. Mirza would bet on the price of some shares in Royal Bank of Scotland, on the basis of insider information Mr. Mirza had from his contacts at the bank about a pending government announcement that would affect it. Using advance insider information to profit from trading in securities is an offence under section 52 of the Criminal Justice Act 1993. The scheme did not come to fruition as the expected insider information was mistaken, and Mr. Mirza did not return the funds to Mr. Patel as promised. Thereafter, Mr. Patel brought a claim based on contract and unjust enrichment for the return of £620, ...
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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 f ...
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Industrial Law Journal
The ''Industrial Law Journal'' is a legal journal which publishes articles in the field of labour and employment law, published quarterly by the Industrial Law Society in the United Kingdom, and founded in 1971. The journal publishes articles on topics relating to employment law in the European Community and Commonwealth of Nations The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an International organization, international association of member states of the Commonwealth of Nations, 56 member states, the vast majo ..., although its coverage is not exclusive to these jurisdictions. The journal has carried articles on transnational labour law, legal issues concerning immigrant domestic workers, freedom of speech in the workplace, globalization, work–life balance, and more. The journal also features reviews of new government documents relevant to employment law, and book reviews. The journal targets an audience o ...
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United Kingdom Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £11.44 for over-23-year-olds from April 2023 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 or NHS foundation trusts, staff can Codeterminati ...
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Employment Contract In English Law
In English law, an employment contract is a specific kind of English contract law, 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 is also different from their use in the European Court of Justice and European Union directives and regulations. 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 ...
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Uber BV V Aslam
''Uber BV v Aslam'' [2021UKSC 5is a landmark case in UK labour law and UK company law, company law on employment rights. The UK Supreme Court held the transport corporation, Uber, must pay its drivers the national living wage, and at least 28 days paid holidays, from the time that drivers log onto the Uber app, and are willing and able to work. The Supreme Court decision was unanimous, and upheld the Court of Appeal, Employment Appeal Tribunal, and Employment Tribunal. The Supreme Court, and all courts below, left open whether the drivers are also employees (and entitled further to protection from unfair dismissal, National Insurance contributions, and employer arrangement of income tax) but indicated that the criteria for employment status was fulfilled, given Uber's control over drivers. However, while the question of whether Uber drivers may also be employees may have been left open, the obstacle which must be overcome in any claim wishing to establish limb-a status is the empl ...
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2012 In United Kingdom Case Law
1 (one, unit, unity) is a number, numeral, and glyph. It is the first and smallest positive integer of the infinite sequence of natural numbers. This fundamental property has led to its unique uses in other fields, ranging from science to sports, where it commonly denotes the first, leading, or top thing in a group. 1 is the unit of counting or measurement, a determiner for singular nouns, and a gender-neutral pronoun. Historically, the representation of 1 evolved from ancient Sumerian and Babylonian symbols to the modern Arabic numeral. In mathematics, 1 is the multiplicative identity, meaning that any number multiplied by 1 equals the same number. 1 is by convention not considered a prime number. In digital technology, 1 represents the "on" state in binary code, the foundation of computing. Philosophically, 1 symbolizes the ultimate reality or source of existence in various traditions. In mathematics The number 1 is the first natural number after 0. Each natura ...
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