October 2009 Archives

Two Swiss-based company directors who deceived UK investors into paying more than £5 million in a land banking scam have been disqualified as directors for 12 years, following a Government investigation.

The former directors of Hambrook & Greenstock AG (in liquidation), Andres Schenker and Claudia Daxelhoffer, have today signed disqualification undertakings after inquiries by the Insolvency Service's Companies Investigation Branch revealed a pattern of unfit conduct.

The company sold plots of greenfield land to UK investors at three sites at Sible Hedingham, Marlow, and Chalford.  The company bought the land for just over £600,000.  Some 750 plots were then sold to investors for £5 million.

The investors were told that the land would receive planning consent for development and would increase dramatically in value.  That permission was never granted and the plots have remained undeveloped.

Employee health and safety improved markedly during 2008/09, according to new data from the Health and Safety Executive.

The data shows a significant reduction in the numbers of people killed, injured or suffering work related ill-health.

Workplace fatalities in the UK fell from 233 in 2007/08 to a record low of 180 in 2008/09, and there was a reduction of over 7,000 in the number of workplace injuries classified as serious or incurring more than three days absence from work.

Obviously, the recession has had an impact.  So many people have been laid off this year, there are fewer people at risk.

But Judith Hackitt, Chair of the Health and Safety Executive, had this to say:

In one of the biggest operations of its kind, youth workers and police officers are primed to hit the streets over Halloween weekend in 69 areas targeted by the Youth Crime Action Plan in a bid to combat antisocial behaviour.

Feedback from police forces across the country repeatedly shows an increase in crime over Halloween.

No. 36 - Adult Student Visas - Overview

Adult student visas are for people aged over 16 years old who want to come to the UK or remain here to study .

NB. 16 and 17 years olds should be aware that they can choose whether to apply as an adult student or a child student, depending on the type and level of course they want to study.

The Government has called for businesses and individuals to submit evidence on the default retirement age.

Currently, under the Employment Equality (Age) Regulations 2006, UK law permits employers to require all staff to retire at 65 - the default retirement age - regardless of their circumstances and even if they don't want to retire, so long as they follow the correct procedure.

In addition, employers may refuse to hire someone over 65, or the employer's normal retirement age, without having to justify it. 

They can also refuse to consider an application from anyone who applies for a job within six months of their 65th birthday (or the employer's normal retirement age, if this is over 65).

In August, the High Court dismissed Gary McKinnon's application for judicial review of a House of Lords decision to extradite him to the United States.

For those of you unfamiliar with the case, an American court has indicted Mr. McKinnnon for hacking into 97 US military and NASA computer systems.  Federal prosecutors allege he copied then deleted critical operating system files and other data, which caused over $700,000 in damage to government security networks. 

Mr. McKinnon has admitted he hacked into the networks, but this has not stopped the media and several high profiles celebrities taking his side in fighting extradition.  He has been cast an "UFO eccentric," who hacked into the computer systems because he believes the US Government "suppressed antigravity, UFO-related technologies... free energy or what they call zero-point energy." 

Foreign students play a big role in the UK's cultural and economic wealth and help make the country's education sector one of the finest in the world.  In 2008, tuition fees from international students totalled over £2.5 billion. 

Over the past month, we've taken a look at almost every aspect of child student visas.

Property prices 2009 data from the Land Registry shows the housing market continuing its recovery in September.  England and Wales experienced a monthly house price change of 0.9%, up from 0.5% in August.

The September rise means average property prices have increased five months in row.

Average property prices were up in all regions except Wales and the North East. 

The Land Registry house prices index shows London experienced the greatest monthly rise with a movement of 1.3%.  Average property prices in the capital are now £314,954.

Prices have not yet recovered to the point they were at last year, however.  Average property prices is now £158,377, 5.6% lower than at the same time last year - but still up from a low of -16.3% in February.

Because of the global credit crunch, all regions experienced a decrease in their average property prices over the last 12 months.  The region with the most significant annual price fall was the North East with a movement of -8.2%.  And Neath Port Talbot in Wales experienced the greatest annual price fall with a drop of 18.7%.

Dismissal or victimisation for blowing the whistle

If someone is dismissed or victimised after blowing the whistle, the level of protection they receive depends on whether they qualify as an employee or worker.

Employees

If an employee is dismissed for whistleblowing, they can claim automatic unfair dismissal - even if they don't have one year's service 

• Normally, under the Employment Rights Act, only employees who have a year's continuity of service at the date of dismissal, or who have been dismissed without notice and are within a week of gaining a year's continuity of service, can make a claim.
  
  
• Note also that in this context the word dismissal includes constructive dismissal.

If an employee is victimised or treated worse after blowing the whistle they can also bring a claim for 'detrimental treatment' (see below).

(4) Protected disclosures (contd)

Blowing whistle to others

In some circumstances you may be able to make a disclosure to someone who isn't a prescribed person (see Blowing The Whistle At Work? Are You Protected? - Part 2).

Your employment rights will only be protected, however, if you:

1. make the disclosure in good faith;
   
   
2. reasonably believe that the information is substantially true;
   
   
3. do not act for personal gain; &
   
   
4. act reasonably taking into account the circumstances.

Having discussed 'qualifying disclosures' in Blowing The Whistle At Work? Are You Protected? - Part 1, we turn now to 'protected disclosures':

(4) Protected disclosures

If you believe there is wrongdoing or malpractice at work, your employment rights are protected provided:

1. You make the disclosure in good faith (which means without malice & with honest intent);
   
   
2. You reasonably believe the information is substantially true; &
   
   
3. You reasonably believe you are making the disclosure to the right person - this could be your employer or some other 'prescribed person' (e.g., health & safety issues to the Health & Safety Executive or your local authority).

If you believe your employer is guilty of malpractice or serious wrongdoing, the law permits 'blowing the whistle' on the behaviour and protects you against being dismissed or penalised for doing so.

You are protected as a whistleblower if you make a disclosure in the public interest (a Public Interest Disclosure) and you:

• are a 'worker';
  
  
• believe that malpractice in the workplace is happening, has happened in the past or will happen in the future;
  
  
• reveal information of the right type (a 'qualifying disclosure'); &
  
  
• reveal it to the right person, and in the right way (making it a 'protected disclosure').

(1) Am I a 'worker'?

'Worker' has a wide meaning in the case of whistleblowing.  It encompasses not only employees, but also agency workers, people in unpaid training, and even the self-employed in some cases.

The Government has announced the following proposals for store & credit card reform:

(1) Change the order in which debt is paid 

Most credit card companies make customers pay the cheapest debt off first.  This is a particular problem for consumers who withdraw cash on their card, typically charged at 25% APR or more.  They are often the most likely to be vulnerable to financial difficulties.  The Government is considering changing the rules so that the most expensive debt is paid off first. 

(2) Raise the minimum monthly payment level

Around one third of people who don't pay off their credit card bill in full each month make only the minimum repayment.  This can mean consumers take decades to pay off the debt.  The Government is considering the introduction of a mandatory higher monthly minimum payment to encourage people to pay off their debts faster.

No. 36 - Ancillary Relief - Part 3 - Northern Ireland

Final hearing

At the final hearing, the court has the power to issue any of the following orders:

1. Consent Order
   
   A Consent Order is one that both parties agree to before it is issued.  The parties hammer out a deal and then ask the court to issue an order reflecting the terms of their agreement.  The court should approve the order if it is in the best interests of the parties (and their children, if they have any).
2. Court-Imposed Orders
   
   Where the parties fail to reach an agreement, the court will hear arguments and then impose a settlement by issuing one or more of the following:

(a) Lump Sum Order

One party pays a specified sum of money to the other as compensation for their ownership interest in an asset or assets.

(b) Periodical Payment Order

One party pays money to the other every month, e.g., spousal maintenance &/or child maintenance.

(c) Secured Periodical Payment Order

Here, payments are secured upon a particular asset.  Thus, if the party who is supposed to pay money dies or defaults, the other party can demand an asset be sold to fund future payments.

No. 35 - Ancillary Relief - Part 2 - Northern Ireland

Second Review Hearing / Financial Dispute Resolution

At least 21 days prior to the Second Review Hearing, the following items must be filed with the Matrimonial Office:

1. a statement of core issues;
2. a written estimate of costs to date, including a breakdown of solicitors' fees together with outlays and VAT;
3. a paginated bundle of any further discovery ordered at the First Review Hearing; &
4. copies of experts' reports or valuations to be relied upon.

All parties, solicitors and counsel briefed in the case must attend the Second Review Hearing.  The purpose of the hearing is to define issues, save costs, and endeavour to settle the case.

No. 34 - Ancillary Relief - Part 1 - Northern Ireland

If the parties fail to reach an agreement on the division of financial assets, they can apply for a court order, which is known as ancillary relief. 

First Directions Hearing

Once the court receives the application for ancillary relief, it will schedule a preliminary hearing before the Master (High Court Matrimonial) to consider the case.  This is known as the First Directions Hearing. 

At this hearing, the Master will issue guidelines and set a timetable for the filing of financial disclosures and other paperwork.

No. 35 - Child Student Visas - Conditions of Stay

While in the UK, child students must comply with the following 'conditions of stay':

• Students under 16 may not work in the UK.
  
  
• Students over 16 years are allowed to work:
  

- part-time during term-time, up to a maximum of 20 hours a week;

- full-time during vacations;

- on a work-placement as part of their course; &

- as a student union sabbatical officer for up to two years.

The work, however, must not fill a full-time permanent vacancy.  Student visa holders are also prohibited from working for themselves (i.e., self-employed), as a doctor in training or as a professional sportsperson (including coach) or entertainer.

In a defended divorce, where the parties cannot agree on the division of matrimonial property, they can ask the court to make one or more financial orders, namely:

1. for the payment of a capital sum;
   
   
2. for the transfer of property;
   
   
3. for the payment of periodical allowances (e.g., aliment); &
   
   
4. for other incidental orders (e.g., to split pensions or earmark pension lump sums).

Options Hearing

After it receives an application for a financial order, the court will schedule an Options Hearing to give the parties a chance to meet with a sheriff and reach an agreement without proceeding to a full Proof Hearing.

Some good news for the UK economy on Friday, as the British Bankers' Association (BBA) released September figures for the main high street banks.  The table below shows gross mortgage lending has grown by 4.6% over the last year.  Personal consumer credit also continued to contract while personal deposits increased

.

The value of house purchase loans approved last month was 88.1% higher than in September 2008 - they have now returned to levels last seen at the end of 2007.

As noted in Part 1, your rights in the workplace hinge on your work status.  We've already discussed the rights of employees, workers, and part-time workers; we turn now to agency workers and independent contractors / the self-employed.

(4) Agency Workers

Agency workers are engaged through, or by, an employment agency or bureau and supplied to a hiring employer on a temporary basis.

Rights:

Under the EU Agency Workers Directive, which should be introduced into UK law next year (and come into force in October 2011), Britain's 1.3 million agency workers will have the right to the same pay, holidays and basic conditions of employment as permanent staff doing the same kind of work after serving a twelve-week service qualification period.

Your rights in the workplace depend upon your work status. 

There are several work status categories, including: (1) employees; (2) workers; (3) part-time workers; (4) agency workers; (5) independent contractors / the self-employed.

(1) Employees

The Employment Rights Act 1996 defines an employee as someone who works under a contract of employment.

An employment contract need not be written and can be implied from conduct.

An employment contract normally sets out in clear terms what an employee is expected to do.

They will usually be expected to do the work themselves - i.e., they can't send someone else to do their work for them.

Rights:

Employers must deduct Income Tax and National Insurance contributions (NIC) from their employees' salaries before they are paid.

Employees are also entitled to all minimum statutory employment rights, including:

• maternity, adoption and paternity leave;

• the right not to be unfairly dismissed;

• Statutory Redundancy Pay;

• all the rights that are given to 'workers' (see below).

Last night, amid much protest, British National Party (BNP) leader Nick Griffin participated in the BBC programme Question Time.

During the programme, Griffin said if Winston Churchill were alive today he would be a member of the BNP.

When asked if he had ever denied the holocaust, Griffin merely grinned and responded: "I wasn't convicted for it... I do not have a conviction for holocaust denial."

Since most controlled substances have medical &/or scientific uses, there are various exemptions to the general prohibition on possession and supply.

Under the Misuse of Drugs Regulations, substances are categorised under five schedules to determine how broad an exemption applies.

Schedule 1

This schedule includes include marijuana / cannabis, coca leaf, ecstasy, LSD, raw opium and psilocin (when extracted from magic mushrooms).

These drugs are not authorised for medical use and can only be supplied, possessed or administered in exceptional circumstances under a special Home Office licence (e.g., for research purposes).

Schedule 2

This schedule includes amphetamines, cocaine, dihydrocodeine, Diconal, heroin, methadone, morphine, opium in medicinal form, pethidine and Ritalin. 

These drugs are available for medical use and can be prescribed by doctors.  It is illegal for people to be in possession of these drugs without a prescription.   They are also subject to strict record keeping and storage requirements.

The Misuse of Drugs Act makes the production, supply of controlled drugs unlawful, except in clearly defined circumstances (e.g., use of controlled drugs on medical prescription). 

Allowing one's premises to be used for the purpose of producing or supplying controlled drugs may also be unlawful.

To enforce the law the police have the special powers to stop, detain and search people on 'reasonable suspicion' that they are in possession of controlled drugs.

The Misuse of Drugs Act categorises controlled substances into three classes according to their relative harmfulness when used:

Class A Drugs 

This class includes ecstasy, cocaine, crack, magic mushrooms, methylamphetamine (crystal meth), heroin, LSD, mescaline, methadone, morphine, opium and injectable forms of Class B drugs.

Over the pond, medical marijuana / cannabis has received a lot of press attention recently.  This week, media coverage reached saturation-point when the U.S. Justice Department called a halt to raids on state-licensed medical marijuana dispensaries and individuals who prescribe or consume marijuana for medical use.

In its annual Let's Clean Up Fashion Report, Labour Behind The Label has named & shamed the 15 worst retailers for exploiting foreign labour:

1. = Alexon; BHS; House of Fraser; & Peacock Group (4-way tie)

"These companies do not accept the principle of a living wage & did not respond to requests for information."

5. Ethel Austin

"Accepts principle of a living wage but applies legal minimum / industry benchmark, but otherwise did not respond to requests for information.  It is therefore safe to assume the worst - it has no engagement with ethical trading at all."

6. LeviStrauss & Co

"LeviStrauss takes no responsibility for living wages as it believes that responsibility lies with the market and with governments to set and enforce decent wage levels.  Its business model encourages governments to keep wages low and places suppliers and countries in competition."

British Airways and the UK's largest union Unite have failed to reach a compromise over cabin crew job cuts and changes to working conditions, after another round of talks ended on Monday.

Hit by the slump in business class travel, BA posted record losses of £401m last year, and £148m for the first quarter of this year, prompting its chief executive, Willie Walsh, to say it was in a "fight for survival."

As part of the airline's cost-cutting plans, 1,700 full-time BA cabin crew face redundancy.

Unite says that if the plans are implemented, cabin crew should expect extended working hours, redundancies, the loss of career opportunities and new starters brought in at "bargain basement wages."  The union believes this will inevitably damage customer service and hurt the brand, "possibly beyond repair."

But BA insists the changes will not damage customer service and are necessary to ensure the airline's "long-term survival."

No. 34 - Child Student Visas - UK Visa Appeal (#34)

If the UK Border Agency (UKBA) refuses to issue a child student visa, you may have the right to appeal the decision. 

Appealing inside the United Kingdom

The UKBA will write to you giving details of why your application has been refused and what action is available to you, including any right to appeal.

If you have a right of appeal you should be provided with full details of your rights and an appeal form that you will need to fill in and return.

Administrative review outside the United Kingdom

If you applied outside the UK, you have a right to an administrative review, which is free of charge.

You must request a review of the refusal within 28 calendar days of the date the refusal notice was issued.

No. 32- Ancillary Relief - Part 3 - England & Wales

Final hearing

At the final hearing, the judge has the power to issue any of the following orders:

1. Consent Order
   
   A Consent Order is one that both parties agree to before it is issued.  The parties hammer out a deal and then ask the court to issue an order reflecting the terms of their agreement.  The court should approve the order if it is in the best interests of the parties (and their children, if they have any).
   
   
2. Court-Imposed Orders
   
   
Where the parties fail to reach an agreement, the court will hear arguments and then impose a settlement by issuing one or more of the following:

Gross mortgage lending totalled an estimated £12.5 billion in September, 2% up from the £12.3 billion recorded in August but down 27% from September 2008, according to new data from the Council of Mortgage Lenders.

Meanwhile, gross lending in the third quarter of 2009 was an estimated £38.9 billion, 18% up on the second quarter but still 36% down on the third quarter of last year.

Behind the modest improvement from August to September and the relative stability of recent months is the balance between the types of lending taking place - there has been a pick up in house purchase activity, but this is off-set by the decline in remortgaging.

No. 31 - Ancillary Relief - Part 2 - England & Wales

First Directions Appointment ('FDA')

Both parties must attend the FDA in person.  If one party fails to attend, they may have to pay the other party's costs for the wasted appointment. 

At the FDA, the judge can do any of the following:

No. 30 - Ancillary Relief - Part 1 - England & Wales

If the parties fail to reach an agreement on the division of financial assets, they can apply for a court order, which is known as ancillary relief. 

Either party can apply for this after the divorce petition has been filed using Form A. 

Notice of First Directions Appointment

Once the court receives the application for ancillary relief, it will schedule a time for a judge to review it.  This is called the First Directions Appointment (FDA).  The court must schedule this on a date within 12 to 16 weeks of the filing date of Form A.

No. 33 - Child Student Visas - Can I Extend My Visa?

The length of time an applicant can extend their visa for depends on their age.

If an applicant is under 16, they can apply to extend their visa for the full length of their course, up to a maximum of six years, plus four months after their course ends. 

But applicants aged 16 or 17 can only apply for a student visa extension up to a maximum of two years, plus four months after their course ends.

A Bolton-based kitchen supplier which took large deposits from customers but failed to deliver most of their orders has been wound up in the High Court following a Government investigation.

In The Box Ltd, which offered kitchen supply and fit services to householders, has been placed into liquidation by the High Court in Manchester following the investigation by Companies Investigation Branch (CIB), part of the Insolvency Service.  

The investigation found that the company took large deposits from customers but, in many cases, failed to supply the kitchens or to return monies.  Among the worst examples were:

Ruth Matthews, 60, former head of support services at Inverness Leisure complex, has brought a claim for unfair constructive dismissal against her former employer, alleging she was forced to quit after two years of being "victimised" and "manipulated."

It would seem her relationship with the general manager at the complex, James Martin, lies at the heart of the dispute.  This first became strained in 2007 after he blamed her for an administrative error.

Mr. Martin alleges the incident prompted Ms. Matthews to compile a "black box" against him.  During the hearing, she made a series of allegations, including overstaffing, bullying, cronyism, and favouritism; she also claimed one employee took 27 cigarette breaks in a single shift, which seriously endangered health & safety.

Whistleblowing has received a lot of media attention in recent weeks: we had the Trafigura injunction on the reporting of Paul Farrelly's question in Parliament, which caused a tsunami of protest on Twitter; and before that, we had news of Terry Pearson, a Scottish operations supervisor, who blew the whistle on the extreme hazing activities of ArmorGroup security guards working at the US Embassy in Afghanistan.

Mr. Pearson witnessed drunken parties involving guards urinating and performing sex acts on each order in order to win promotion or assignment to preferable shifts.  After telling his boss, however, he claims he was forced out of his job.

Mr. Pearson told the Daily Record:

"Both as a military officer and a contractor, I have never seen anything as disgusting and ultimately harmful to morale and security as what I saw in Kabul.  But as soon as I said anything, it was definitely a case of 'get rid of the whistleblower'."

Mr. Pearson has struggled to find a new job since he left Afghanistan:

"It's hard because I need a job.  But I don't regret what I did.  I believe I did the right thing."

Indeed, three weeks ago, he was flown to Washington D.C. to give evidence before a US government committee investigating the scandal, which was widely covered by TV networks around the world.

And he now plans to sue his former employer for constructive dismissal.

Racial discrimination in recruitment is still widespread according to new research published by the Department for Work and Pensions yesterday.

The study focused on discrimination against those applying for jobs with a name suggesting they were from an 'ethnic minority,' rather than 'white British.'  The names selected by the researchers were developed in stages by testing to establish whether they were generally recognised as being from the anticipated ethnic group, of the anticipated gender, and whether they were neutral with regard to age and social class.  A sample of the names used include:

The Government has published its plans to give Britain's 1.3 million agency workers a fairer deal in the workplace.

As agreed last year by the TUC and CBI, agency workers will have the right to the same pay, holidays and basic conditions of employment as permanent staff after 12 weeks on a given job.

No. 29 - A Separation Agreement - Scotland

Deciding how to allocate financial assets, such as property, pensions, and savings, and issues related to child and spousal maintenance, is an emotionally gruelling experience, but obviously a necessary part of any divorce.

Aside from child maintenance, there is no set formula to work out who gets what.  The objective is simply to stretch joint assets to cover both parties' needs in a way that is reasonable and fair.

Parties can agree how to divide assets themselves; but, if that is not possible, they can ask the court to make a decision for them, and apply for an order for financial provision.

No. 32 - Child Student Visas - Biometrics - Part 2

What are biometrics?

Biometrics are the set of unique physical characteristics that can be used to identify someone, such as facial images and fingerprints.  The UK Border Agency records digital photographs of all applicants for child student visas, and 10 digit finger scans for applicants over six.

Note: All children under 16 must be accompanied by a 'responsible adult' when they provide biometrics.  This is a legal requirement to ensure the child understands the process and is reassured.  (NB. A responsible adult could be a parent or guardian, or another person aged 18 years or over who takes responsibility for the child.)

No. 31 - Child Student Visas - Biometrics - Part 1

All child student visa applicants must have their photograph taken and give their fingerprints as part of their application.  These are known as biometrics.

Applying from inside the UK

If a child applies from inside the UK to extend their stay, they must apply for an identity card for foreign nationals.  Their biometric information will be stored on their identity card.

An identity card proves an applicant may remain in the UK and shows any conditions on their stay.  It enables an applicant to confirm their identity and any rights they have to study or work here, and to access public services. 

Identity cards also help the UK Border Agency tackle immigration abuse, child trafficking, illegal working and identity fraud.

They also assist approved education providers because they can easily see what an applicant's entitled to.

Applying from outside the UK

If an applicant applies from outside the UK, they should go to the visa services website, to find out where they should go to provide their biometrics in the country they apply from.

Of course, great news that Trafigura gave up on the injunction against the Guardian but was it really such a great victory for free speech?

The fact that the injunction was issued at all is frankly absurd... and very worrying.  Parliament spent most of yesterday debating the issue and was united in its condemnation of the order.  But the judge who issued it is very unlikely to disclose why he did so.

Sadly, the injunction was not atypical.  In recent years, the judiciary appears to have abandoned the old principle of "publish and be damned," which allows the media to publish a story and bear the risk of having to pay damages if they get it wrong, in favour of the immeasurably more illiberal policy of issuing prior restraint injunctions, which force the media not to run a story at all.

Free speech scored a rare victory yesterday as an injunction won by solicitors Peter Carter-Ruck on behalf of clients Trafigura was rendered meaningless by a tsunami of negative publicity on Twitter.

As reported here early yesterday, Trafigura won an injunction on Monday to stop the Guardian reporting a parliamentary question tabled by Paul Farrelly for Justice Secretary Jack Straw.

The question concerns allegations of illegal toxic waste dumping by Trafigura and tax avoidance by Barclays Bank.

While the Guardian was prevented from reporting the question, bloggers and twitterers were not.

Several of today's newspapers have run stories that former England boss Sven Goran Eriksson is in talks to modify his employment contract with Notts County so he can coach North Korea at next year's World Cup finals in South Africa.

The Guardian reports that both Eriksson and Notts County Chairman Peter Trembling are heading to east Asia to hold final talks on a deal.  The normally secretive North Korean embassy in London has also revealed an agreement could be reached within "two or three weeks."

If the deal goes through, it will see Eriksson take the reins in North Korea's first World Cup since reaching the last eight in 1966 in England - where it caused one of the biggest upsets in football history by beating Italy.

The Guardian comments:

"Although it would be a football fairytale for Eriksson and the players involved, the development would lead to inevitable criticism of Trembling's willingness to interact with a country where human rights abuses are routine.

"There will also be questions about what fee Notts County's owners, Qadbak, might be receiving from a nation that is beset by famine and which has test-fired intercontinental ballistic missiles and a nuclear bomb."

Eriksson's employment contract with County

A senior council officer sacked for allegedly raping a colleague, who was awarded £25,000 for wrongful dismissal and £16,385 for sexual discrimination, has had his compensation reduced on appeal.

LocalGov.co.uk reports the man was arrested, but his alleged victim, a service director with the council, refused to press charges.

Under the Disability Discrimination Act ('DDA'), it is unlawful for employers to discriminate against disabled people for a reason related to their disability.

Employers must also make reasonable adjustments to ensure disabled people are not put at a substantial disadvantage by employment arrangements.

The law applies to all areas of employment, including: recruitment; employment terms and conditions; pay; work-related benefits (e.g., access to recreation or refreshment facilities); work status; training; promotion and transfer opportunities; redundancy; and dismissal.

Disability Dismissal

This summer, the Employment Appeals Tribunal ('EAT') considered the case of lecturer Susan Walters who was dismissed by Fareham College for long-term sickness absence.

Ms. Walters went on sick leave beginning in February 2006.  She gave a number of reasons for her absence, including stress-related illness, sinusitis, investigation for liver masses, HT and "gynae problems."

The Guardian reported late last night that it had been "prevented from reporting parliamentary proceedings on legal grounds." 

Almost immediately twitterers started linking to the article and over a hundred people posted tweets to #trafigura and #carterruck. 

Around midnight, The Spectator disclosed the Guardian gag relates to a question from Paul Farrelly, MP for Newcastle-under-Lyme:

[W]hat assessment ... has [been] made of the effectiveness of legislation to protect (a) whistleblowers and (b) press freedom following the injunctions obtained in the High Court by (i) Barclays and Freshfields solicitors on 19 March 2009 on the publication of internal Barclays reports documenting alleged tax avoidance schemes and (ii) Trafigura and Carter-Ruck solicitors on 11 September 2009 on the publication of the Minton report on the alleged dumping of toxic waste in the Ivory Coast, commissioned by Trafigura[?]

So how did The Spectator (among others) work out what the gag relates to?

Generally, your job must disappear for you to be made redundant, but it can also happen if someone else's job disappears and they are moved into your job, making you redundant. 

This is known as redundancy bumping (a.k.a. transferred redundancy), which often happens when a more senior employee is prepared to take a more junior role to avoid redundancy. 

Redundancy bumping rules became a hot topic for employers this year, as the recession hit and they looked at different ways to cut costs and shed staff.

Bumping-related legal issues fall into two categories:

1. Unfair bumping redundancy; &
   
   
2. Unfair dismissal without considering bumping.

No. 30 - Child Student Visas - Fees

The amount applicants pay in fees for child student visas depends on whether they apply inside or outside the UK.

During his speech at the Conservative Party conference last week, the Shadow Business Minister Jonathan Djanogly reiterated the Tories' opposition to the Temporary Agency Workers' Directive.

Once incorporated into UK law, the Directive will extend to agency workers some of the basic rights currently afforded regular employees doing the same work (e.g., basic pay and working time rights).

No. 28 - A Separation Agreement - England, Wales, & Northern Ireland

Deciding how to allocate financial assets, such as property, pensions, and savings, and issues related to child and spousal maintenance, is an emotionally gruelling experience, but obviously a necessary part of any divorce.

Aside from child maintenance, there is no set formula to work out who gets what.  The objective is simply to stretch joint assets to cover both parties' needs in a way that is reasonable and fair.

Parties can agree how to divide assets themselves; but, if that is not possible, they can ask the court to make a decision for them, which is called applying for ancillary relief.

A company that claimed to have investment projects worth £4 billion offering investors an opportunity to buy flats at a discounted price, has been wound up in the High Court following an investigation by the Insolvency Service's Companies Investigation Branch (CIB).

The company advertised the property investment 'opportunity' on an internet website based on non-existent property developments in London.

The investigation established that Investment Building Bank of London Plc ("IBBL"), which for a time occupied prestigious offices in Knightsbridge, operated a website, ib-bank.com and ran adverts in a national newspaper promoting itself as "an international building and investment company" with alleged projects planned for the construction of residential and commercial property in London.  IBBL also claimed to offer 'an opportunity to invest' in the company through the purchase of promissory notes which attracted generous rates of return.

No. 29 - Child Student Visas - Photographs & Passport

Applicants for child student visas must provide two recent passport photographs.

The photographs must, without exception:

The Baby P judicial review hearing launched by Sharon Shoesmith is scheduled to end today.

Haringey Council sacked Shoesmith as director of children's services in December 2008, shortly after Ed Balls - Secretary of State for Children, Schools and Families - ordered her suspension following the release of an Ofsted report into the Baby P case.

Announcing Shoesmith's suspension, Balls said:

"I have powers to intervene and remove someone who is not fit for office ... Most people would look at this report - look at the clear evidence of management failures - and say that this kind of failure should not be rewarded." 

The Ofsted report was, he said, "devastating and damning."

In March, however, Shoesmith applied for judicial review against Haringey Council, Balls, and Ofsted.  She also launched an employment tribunal claim for unfair dismissal.

Heather Brown, an Ofsted inspector, has described Haringey's children's services department as the "worst ever seen." 

But Shoesmith claims the Government turned her into a scapegoat; that she's a victim of a "flagrant breach of the rules of natural justice."

She accuses Balls of suspending her without a fair hearing.  She also complains he didn't give her a chance to see the Ofsted report or respond to "a number of highly prejudicial comments made by Ofsted inspectors" before dismissing her.

No. 28 - Child Student Visas - Documents & Proof

Original documents

All documents & proof submitted to the UK Border Agency to support applications for child students visas must be issued by an authorised official of the issuing organisation and be:

• original; &
  
  
• on the official letter-headed paper or stationery of the organisation.

The mandated documents to support a visa application must be submitted at the same time as the application form.  The UK Border Agency will not contact applicants if they do not send the correct documents & proof, and may refuse applications on this basis alone.

Translated documents

If one of your documents is not in English or Welsh, the original must be sent with a fully certified translation by a professional translator.  This translation must include:

Unite, Britain's biggest union, has denounced British Airways executives for trying to "impose" contractual changes on 14,000 cabin crew employees and "introduce a second tier workforce on poorer pay and conditions."

Hit by the slump in business class travel, the airline posted record losses of £401m last year, and £148m for the first quarter of this year, prompting its chief executive, Willie Walsh, to say it was in a "fight for survival."

As part of the cost-cutting plans, The Guardian reports 1,700 full-time BA cabin crew face redundancy.

A growing, urbanising global population over the next 50 years will increase demand for more food, energy and water.  This global environmental change could wreak havoc in Britain, which is home to many large cities located near coastal areas and river deltas, which are vulnerable to flooding and rising sea-levels. 

Changes to the climate could also lead to reduced crop productivity in many regions.  A wealthier population will mean substantially greater demand for food, which must be produced from the same land area, with fewer inputs, at the same time as coping with climate impacts and reducing greenhouse gas emissions.  This threatens to create a 'perfect storm' of global events. 

Adaptation measures can help, such as improved flooding defences or the development and use of more drought resistant crops.  However, a likely impact of environmental change and population growth is an increase in global human migration as people move to cope with a deteriorating environment. 

To prepare for a potential 'environmental diaspora,' the Government has announced a new Foresight study to explore:

In yesterday's blog about Ecuador's constitution, which grants private citizens the right to pursue environmental claims on behalf of Mother Nature, we quoted Thomas Linzey of the Community Environmental Legal Defense Fund, who said:

"In the West, compensation for environmental harm is measured in terms of personal injury to a person or people.  Under the new system in Ecuador, it's measured according to damage to the ecosystem.  The system is, in essence, an attempt to codify sustainable development."

After reading this, some of you contacted me to say you think this Linzey chap's a little funny in the head: "What's all this about granting legal rights to daisies and bumble bees?"

Last year, the people of Ecuador voted in favour of a new constitution to grant legal rights to tropical forests, islands, rivers and air.  Its Bill of Rights for Nature states: 

"Natural communities and ecosystems possess the unalienable right to exist, flourish and evolve within Ecuador.  Those rights shall be self-executing, and it shall be the duty and right of all Ecuadorian governments, communities, and individuals to enforce those rights."

The tax-free ISA allowance increased £3,000 today, from £7,200 to £10,200, for savers born on or before 5 April 1960. 

Up to £5,100 of the new allowance can be saved in a cash ISA - an increase of £1,500 - and the remainder can be invested in a stocks and shares ISA with either the same or a different provider. 

Alternatively, the full £10,200 can be invested in a stocks and shares ISA with one provider.

Over 19 million people currently have an ISA.  The £3,000 increase will be extended to all savers, regardless of age, from 6 April next year.  The Government estimates the increase will ultimately benefit over five million people who currently use their full ISA allowance.

The Government has announced a Flexible New Deal to get people back to work.  The objective of the programme is to help 750,000 people regain employment by the end of next year.

The focus of the Flexible New Deal will be on helping the long-term unemployed develop new skills and build confidence.  As part of a major expansion of employment support and welfare reform, people who have been out of work for over a year will receive tailored help to find a job through specialist organisations, who will be remunerated according to the number of people they help find sustainable work.

Secretary of State for Work and Pensions Yvette Cooper said:

According to HM Revenue & Customs, thousands of taxpayers do not realise they qualify for Working Tax Credit; many believe that it is a limited tax credit for working families.  In reality, you do not have to have children to qualify for Working Tax Credit.

Am I eligible for Working Tax Credit?

No. 27 - Child Student Visas - Maintenance - Part 7

Which assets & documents can I use to prove the availability of money to pay course fees and living costs?

Assets

Money must be held in cash.  Shares, bonds, pension funds or similar savings accounts will not be accepted.

Documents

You can provide bank or building society statements, a building society passbook, a letter from your bank confirming money or a loan, a letter from a regulated financial institution or a letter of official financial sponsorship.

You must show that you have held the money for at least 28 days.  The end of that 28 day period must not be more than one month before the date of your application.

No. 26 - Child Student Visas - Maintenance - Part 6

How to show a child has sufficient money to study in the UK

Currency

Applicants must convert overseas currencies into pounds sterling using the official exchange rate on the OANDA website, which can be found at www.oanda.com/convert/classic.

Note also that UK authorities use the exchange rate on the date of the closing balance of the account to check the value of money in pounds sterling.

If the course starts or ends half way through a month

If the length of study includes a part of a month, the  UK authorities will round the time up to the next month.  For example, if a course is seven months and two weeks, an applicant must have enough money for eight months.

Course fees

First, calculate the cost of the child's course fees.  Second, calculate the money already paid towards course fees.  Third, calculate the money that must still be paid towards course fees.  Then, provide the following documents to support your calculations:

No. 25 - Child Student Visas - Maintenance - Part 5

Additional letter from parent(s) or guardian

In addition to the documents already discussed in previous blog entries, students under 18 years old must provide a letter from their parent(s) or legal guardian when they submit their visa application form, confirming:

The new Supreme Court came into existence on Thursday and is now the highest court in the United Kingdom.  Its creation is a landmark moment in British constitutional and legal development.

The Court replaces the Appellate Committee of the House of Lords and is housed in the former Middlesex Guildhall, strategically placed opposite the Palace of Westminster on Parliament Square.  The building has been painstakingly renovated over the past two years and many of its original features have been restored and brought back to full splendour.

Established through the Constitutional Reform Act 2005, the Supreme Court will hear civil appeal cases from England, Wales, Northern Ireland and Scotland, as well as criminal appeal cases from England, Wales and Northern Ireland.  Like its predecessor, however, the Court has no authority to hear criminal appeals from Scotland.

No. 24 - Child Student Visas - Maintenance - Part 4

Proof of care arrangements & ability to pay

No. 23 - Child Student Visas - Maintenance - Part 3

Care Arrangements

All children under 18 years old must have suitable care arrangements in place for their travel, reception at port and living arrangements while in the UK.

Note: If a child is 16 or 17 years old and applying as an adult student, they must have their parent(s) or legal guardian(s) written consent that they can live and travel independently.

Care options

A child can:

• stay at a residential boarding school;
  
  
• stay with a private foster carer or close relative;
  
  
• stay with a parent/legal guardian, if they are coming with a child under 12 years old; or
  
  
• live independently if they are 16 or 17 years old.

No. 22 - Child Student Visas - Maintenance - Part 2

How much money do 16 and 17 year old students who will be living independently in the UK need if they have, in the last four months, completed a course of study in the UK of six months or more?

A child who is 16 or 17 years old and is intending to live independently in the UK will only need to show two months worth of living costs if they have, within the last four months, completed a course of study in the UK that was at least six months long as a child student or as a student under the former immigration rules which applied until 30 March 2009.

No. 21 - Child Student Visas - Maintenance - Part 1

The amount of money needed for maintenance will depend on the child's living arrangements and the length of the course while they are in the UK:

No. 20 - Child Student Visas - Visa Letter Contents

A visa letter should include the following information:

No. 19 - Child Student Visas - Visa Letter

An approved education provider must issue a visa letter before a child can apply for a student visa.  The visa letter is confirmation of the child's unconditional offer of a place on a course of study.  If the child does not submit a visa letter when they apply, their application will be refused.

The visa letter from an approved education provider must be:

• original;
  
  
• on their letter-headed paper;
  
  
• signed and dated by an authorised official (original or electronic signature).  An electronic signature can be a digital signature or a scanned signature.

A visa letter must come direct from an approved education provider , not from a representative of the approved education provider .

Note: approved education providers will start issuing confirmation of acceptance for studies which will replace visa letters once the UK Border Agency's sponsorship management system is implemented.  This will be an electronic reference number and will contain all the same information that is currently in the visa letter.

No. 18 - Child Student Visas - Acceptable Courses

A child student must study a course that the UK Border Agency deems acceptable.  Acceptable courses include those:

The arbitration panel convened to settle the long-running dispute between Kevin Keegan and Newcastle United has awarded Keegan £2 million compensation.

It ruled Keegan was constructively dismissed from his post as Newcastle manager after the club signed Uruguayan midfielder Ignacio Gonzalez against his wishes and in breach of his employment contract.

The Guardian reports the award could have been higher but for a clause in Keegan's contract imposing a £2 million compensation ceiling on any pay-off in the event of his dismissal or resignation.

Responding to the panel's verdict, Keegan said:

No. 17 - Child Student Visas - Provider Licence

License withdrawal & suspension

The licence of your approved education provider may be suspended or withdrawn at any time.  The affect this has on you will depend on when the suspension or withdrawal occurs:

No. 16 - Child Student Visas - Approved Education Providers

An approved education provider is a child's immigration sponsor while they are in the UK and must comply with a number of duties.

The education provider must be approved by the UK Border Agency (UKBA) and have a licence to bring students to the UK. 

Once they are licensed, they are given a rating and added to the UKBA tier 4 register of sponsors; they can also issue visa letters to children who want to apply for student visas.

Once an education provider has been chosen for the child to study with, they or their parent(s) or legal guardian should check the education provider is on the register of sponsors; if the provider is not on the register, it will not be able to sponsor the child for a student visa.

No. 15 - Child Student Visas - How Do I Apply?

The application process for child student visas depends on where you are when you apply.

Application process for a child student visa if you are inside the UK

You can apply for a student visa from inside the UK if you are currently here as a prospective student or as a student under the immigration rules that were in place before 31 March 2009.

Provided you're eligible to apply from inside the UK, you should:

No. 14 - Child Student Visas - What Do I Need?

To obtain a child student visa under the UK's points-based immigration system, an applicant must have 40 points:

1. A place on an acceptable course with an approved education provider (also known as sponsorship) is valued at 30 points.
   
   
2. The applicant must also show they have enough money (also known as maintenance or funds) to cover their course fees and monthly living costs for a 28-day period ending no more than one month before the visa application is submitted.  This is valued at 10 points.
   

No. 13 - Child Student Visas - How Long Can I Stay?

If a child is under 16 years old, they will be allowed to stay for the full length of their course up to a maximum of six years, plus four months after their course ends before they leave the UK.

Note that a 'course' is, for example, the period when the child studies for GCSEs or for A-levels.  Thus, if children want to come to the UK to study for GCSEs and then A-levels, they will have to apply to extend their child student visas after taking their GCSEs.

If a child is 16 or 17 years old, they will be allowed to stay for the full length of the course up to a maximum of two years, plus four months after their course ends.

If a child turns 18 years old when studying, they can carry on with their course until their permission to stay ends.  If they want to extend their stay after their permission to stay ends, they will have to apply as an adult student (the date of the application is used to decide the age), and meet the requirements for this category.

If a child has financial sponsorship and their sponsor limits the time they can study in the UK, they will be allowed to stay for as long as they have sponsorship.

No. 12 - Child Student Visas - Can I Apply?

Child student visas are for people aged between four and 17 years old who want to come to or remain in the UK to study.  Children between four and 15 years old can only apply if they are going to study at an independent fee-paying school.

If a child is 16 or 17 years old and wants to study a course at National Qualification Framework level 3 or above, they can agree with their approved education provider that they will apply either as an adult or as a child student.

But a 16 or 17 year old wanting to study for an English language qualification at Common European Framework of Reference for Languages (CEFR) Level A2 or above must apply as an adult student.

No. 11 - Child Student Visas - Overview

Child student visas are for people aged between four and 17 years old who want to come to the UK or remain here to study. 

Child student visa rules are extremely complex.  It's simply not practical to deal with everything in one blog.

Consequently, we'll devote the next twenty or so blogs to this one area.

The UK Border Agency has announced an extension to the student visa maintenance concession.  

When the UKBA unveiled the points-based immigration system earlier this year, it said student visa applicants would have to show that they had held enough money to cover their course fees and maintenance for a 28-day period ending no more than one month before their application.

Until now, however, the UKBA has operated a concession allowing applicants to show only that they have the required funds in place on the date when they apply.  This concession was scheduled to end today.

The Employment Tribunals Service published annual statistics this week for the year ending 31 March 2009.

They show rises in claims for unfair dismissal (up 29%), breach of contract (up 31%), redundancy pay (up 48%), and redundancy - failure to
inform and consult (up 254%).

No. 10 - Student Visitors

As a student visitor, you can study in the UK for a period up to six months.

No. 25 - Overview Of Financial Issues - Northern Ireland

In addition to paying the costs of divorce and sorting out child maintenance, you'll need to come to an agreement on the division of financial assets, including property, pensions, and savings, and the payment, if appropriate, of spousal maintenance.

Where an agreement is not possible, one party can apply to the court for a financial order, which is known as ancillary relief - but this cannot be done until the court receives the divorce petition.

No. 8 - Overview Of Studying In The United Kingdom

The Human Fertilisation and Embryology Act 2008 ('HFEA') comes into force today. HFEA:

1. Ensures that all human embryos outside the body - whatever the process used in their creation - are subject to regulation.
   
   
2. Ensures regulation of "human-admixed" embryos, which are created from a combination of human and animal genetic material for stem cell research.
   
   
3. Bans sex selection of offspring for non-medical reasons.  (Sex selection is allowed for medical reasons only, for example to avoid a serious disease that affects only boys.)
   
   
4. Recognises same-sex couples as legal parents of children conceived through the use of donated sperm, eggs or embryos.  (These provisions enable, for example, the civil partner of a woman who carries a child via IVF to be recognised as the child's legal parent.)
   

No. 7 - Entertainer Visitors

You only need permission to come to the UK for an entertainer visit of up to six months if you are a visa national.

If you a non-visa national, permission to come as a entertainer visitor for up to six months is not required.