Legal News

The Court of Appeal has reversed an EAT decision which previously held that a change of wording in the Equality Act had altered the law on shift in burden of proof. Essentially the new Court of Appeal decision in Ayodele v Citylink says the law on shift in burden of proof is what it... Read more »
Employment tribunal claimants, and employers ordered by the tribunal to reimburse fees, can now apply for refunds. This government scheme to reimburse fees follows the Supreme Court ruling in July that the system of employment tribunal fees was unlawful. Links to the online claim forms, or pdfs to apply by email or post, are at... Read more »
The Court of Appeal quashed an optometrist’s manslaughter conviction, because it was based on medical evidence she hadn’t (but should have) looked at. In a routine eye inspection, the optometrist failed to notice that a seven year old boy had swollen optic disks. An optical consultant/assistant had taken retinal images which clearly showed a problem.... Read more »
A Bedford based health care provider has been fined after it failed to act on concerns raised by an occupational health nurse. The case concerned Ramsay Health Care (UK) Operations Ltd. Southwark Crown Court heard how in June 2014 an OH nurse raised concerns with the Health and Safety Executive (HSE) relating to the running... Read more »
The Data Protection Bill was introduced into Parliament on 13th September. Diana Kloss’s latest blog looks at the new Bill and EU data protection regulations due to take effect next May. The European Union’s General Data Protection Regulation (GDPR) will automatically become part of UK law on 25th May 2018, and will be supplemented by... Read more »
The Court of Appeal held it ‘arguable’ there was a legal obligation to disclose genetic test results to the patient’s daughter, against his wishes. A father was diagnosed with Huntington’s Disease. This meant each of his daughters, including the claimant who was pregnant, had a 50% chance of developing the condition. However he did not... Read more »
The EAT held that pay for voluntary overtime could be ‘normal’ pay, which under EU law had to be taken into account in calculating holiday pay. In Dudley Metropolitan Borough Council v Willetts (bailii,org) the EAT had to consider whether payments received in respect of entirely voluntary overtime could be treated as forming part of... Read more »