Naeema Choudry has commented on the decision of the CJEU on whether EU law protects workers against discrimination on grounds of obesity.
Plans to strip police forces in England and Wales of powers to handle complaints against their own officers seem entirely sensible.
UK: freedom of speech — unnamed artist to appeal publishing injunction in the Supreme Court download
A well-known British performing artist was granted permission to take his case to the Supreme Court, where he will appeal the Court of Appeal’s decision in OPO v MLA & STL.
In recent years, many consumer-facing multi-national companies have been paying increasing attention to a developing global business and human rights agenda.
The case of FOA (Kaltoft) v Billund (C-354/13) is the first time the Court of Justice of the European Union (CJEU) has considered issues concerning obesity-based discrimination. More specifically, it has looked at whether obesity can be classed as a ‘disability’ under the Equal Treatment Directive.
Gypsies and travellers have played a major role in human rights litigation both in the European Court of Human Rights and in UK courts
The World Economic Forum recently published the ninth edition of its annual Global Gender Gap Report. Italy has taken a step backwards.
Complaints Matter: the Care Quality Commission's review on the handling of complaints made to the NHS download
Complaints Matter is a report by the Care Quality Commission. On the summary sheet it states: ‘Complaints matter in health and social care and for too long they have not been taken seriously enough.’
Adreeja Chatterjee, barrister at No5 Chambers, recently gave a talk titled ‘Forced marriage: an update — recent developments and case law’ at the Court of Protection Seminar held in Birmingham on 23rd October 2014.
$185m punitive damages for pregnancy discrimination: what led to the largest single-plaintiff employment award? download
Rosario Juarez worked at AutoZone but now can buy one per cent of its total market capitalisation.
Ali Almihdar, Christine Kings and Caroline Kerswell from Outer Temple Chambers have attended the Ghazi al Gosaibi Memorial Lecture.
Timothy Jones, a barrister with No5 Chambers, is representing a single mother of three who is heading back to court with hopes that she and her children may finally win the right to live on her own land.
The House of Lords has given the go-ahead to revised laws that will allow same-sex civil partnerships to be converted into marriages.
DLA Piper has earned a perfect score for the seventh consecutive year on the Human Rights Campaign’s 2015 Corporate Equality Index.
Kings Chambers’ Sam Karin has edited a book titled ‘A human rights perspective on reducing restrictive practices in intellectual disability and autism’.
The Marriage and Civil Partnership (Scotland) Act 2014 became law in March. The Scottish government intends to bring the necessary provisions into force by 16 December.
The prospect that obesity could be seen as a disability raises various questions, including what steps employers might take to ensure that its workforce is healthy.
DLA Piper has been recognised as an Employer of Choice for Gender Equality by the Workplace Gender Equality Agency (WGEA) in its inaugural citation list.
The doctrine of legal professional privilege has been at the heart of the lawyer-client relationship since its origins in the 16th century.
S Chelvan was on the panel of an event titled ‘The role of pro-bono lawyers in ensuring the protection of refugee rights’ at the European Pro Bono Forum in London.
A couple with learning difficulties has been awarded £12,000 in compensation at the High Court after a judge ruled that their basic human rights had been violated.
DLA Piper has announced its fourth class of Krantz Fellows. This fellowship hires two first-year associates each year who spend their first year doing pro-bono work.
European Court of Human Rights rules that Czech Competition Authority is not authorised to enter business premises without a warrant download
The Czech Competition Authority violated article 8 of the European Convention on Human Rights when entering the Delta Bakery premises without first obtaining a warrant.
Asda is facing a mass legal action, instigated predominantly by female workers, who claim they are not paid the same as male workers in the distribution warehouses.
Recent figures showed a steep rise in the number and percentage of successful appeals against the actual investigation of complaints by the police themselves.
Be Global — further changes to Saudi Arabia’s Nitaqat System; Spain issues first judgment on the calculation of vacation pay; and more
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
Eversheds’ Audrey Williams has commented on the findings of research carried out by Bupa that reveal mental-health prejudice in UK organisations.
Thousands of female ASDA shop workers are claiming equal pay with the company’s predominantly male warehouse staff.
Accessibility 2.0 — is your company’s website accessible to disabled individuals? Five practical steps toward compliance download
Accessibility under the ADA and the Unruh Civil Rights Act includes website access for the visually impaired and others who use assistive technology when accessing the internet.
The Divisional Court has handed down its decision in Galiazia v Governor of HMP Hewell and another. Ian Brownhill was junior counsel for Galiazia.
DLA Piper has been named ‘Pro Bono Law Firm of the Year’ by Who’s Who Legal.
The home secretary has laid before parliament a report that fully endorses the DSSH model created in 2011 by No5 Chambers barrister S Chelvan.
The Conservative party proposes replacing the Human Rights Act 1998 with a new British Bill of Rights.
Equal-pay audits download
The draft Equality Act 2010 (Equal Pay Audits) Regulations 2014 came into force on 1 October 2014.
Advocate-general Jääskinen has concluded that there is no general principle of EU law prohibiting discrimination in the labour market.
There has been a rise in the numbers of DoLS applications, perhaps due to the recent judgment in Cheshire West.
A series of investigations and arrests over the past 18 months have raised many questions as to whether the current legal system works as it should in the UK.
Companies could soon be faced with having to buy specialist office furniture for overweight staff if a European court case rules that obesity qualifies as a disability.
Emma Baillie has commented on the announcement that couples in civil partnerships will be able to convert them into marriages from 10 December 2014.
Healthcare and human rights download
On 13 October 2014, Richard Clayton QC hosted a seminar on healthcare and human rights at the Human Rights Law Association.
Human rights organisation Liberty has suggested that some police forces are holding suspects on pre-charge bail for extended and indefinite lengths of time.
The Court of Justice of the European Union has recently given another decision on the subject of age discrimination and justification.
Noor Kapdi, leader of the Dentons team in South Africa and founding partner of KapdiTwala, explores the powerful forces driving growth in the region.
Memery Crystal partner Harvey Rands has had a letter that he wrote on financial misconduct claims published in the 10 October 2014 edition of The Times.
UK Discrimination Law Review: age discrimination and retirement — Seldon: the final chapter download
The Employment Appeal Tribunal has upheld the Tribunal’s decision in Seldon that compulsory retirement, in this case involving a partner in a law firm, was justified.
The Employment Appeal Tribunal has recently given an interesting ruling on redundancy selection that could open the door to more claims from disabled employees.
Tribunals are shortly to be given new powers to order employers to conduct equal-pay audits in some circumstances.
Later this year, the CJEU is expected to give a ruling addressing the extent to which EU law protects workers against discrimination on grounds of obesity.
UK Discrimination Law Review: code for employers — avoiding unlawful discrimination while preventing illegal working download
In May 2014, the Home Office published a new statutory code of practice to provide practical guidance to employers on avoiding illegal discrimination when carrying out document checks.
In this briefing, Eversheds details cases of interest, including their name, the issue and the stage reached.
Andrew Petherbridge, associate of Chartered Institute of Legal Executives at Neil Hudgell Solicitors, talks about the damage that can be caused by being wrongly accused.
Only when somebody finds themselves the unfortunate victim of a serious crime or major injustice do they become fully aware of how the law works in the UK.
In February 2012, the tribunal concluded that there were in fact positions into which Ms Fair could have been placed without causing undue hardship.
Manjit S Gill QC of No5 Chambers has chaired a discussion at Birmingham City University on the death penalty, apostasy, sexual immorality and religious freedoms.
This article examines the notion of positive discrimination and make sense of this concept generally and in particular in relation to labour law in South Africa.
Equal pay download
As at June this year, the full-time gender pay gap was on average 10 per cent, almost doubling to 19.7 per cent for the whole workforce (full and part time).
There are a number of changes to employment law that employers should be aware of.
Employment law reform update download
Employment law reform featured heavily in the coalition government’s legislative programme.
This article considers the current adjournment in the case of Coventry and others v Lawrence and another (No 2) and its potential effects on litigation funding.
Equal-pay audits come into force download
The Equality Act 2010 (Equal Pay Audits) Regulations apply to ET claims presented on or after that date where the employer has been found to have breached equal-pay provisions.
A recent decision considered what offences should be disclosed in a DBS check. Caraline Johnson explores what this might mean for charities and social enterprises working with children and vulnerable adults.
Prisoners voting: a beginner’s guide download
The thought of prisoners voting apparently makes David Cameron feel physically ill, but what are the legal issues involved? Alistair Williams outlines the issues.
DLA Piper has appointed Dr Rebecca French as a consultant in its Melbourne office.
Newsweek magazine has cited the DSSH (Difference, Stigma, Shame, Harm) model for proving an asylum claim based on sexual or gender identity.
Collyer Bristow is offering employment law training sessions on conducting disciplinary and grievance procedures and equal opportunities and discrimination issues.
Doughty Street Chambers has been forced to upgrade its website hosting arrangements to cope with a surge in traffic following the nuptials of member Amal Alamuddin and Hollywood star George Clooney.
A report from the Office of the Children’s Commissioner regarding the impact of cuts to legal aid last year states that vulnerable, at-risk teenagers are being deprived of justice.
Doughty Street has restructured its clerking team to focus on practice areas and beefed up its criminal team, adding 2 Hare Court’s Maurice MacSweeney as a new business development director.
The first day of October 2014 is a day of change for employers because it is one of the government’s two annual ‘common commencement dates’.
No5 Chambers has sponsored Birmingham Citizens Advice Bureau’s AGM, which was held on 18 September at the Birmingham REP Theatre.
New research from the International Labour Organisation has found that the average global gender pay gap now stands at 23 per cent.
Barrister Tim Nesbitt from Outer Temple Chambers has just concluded acting in an appeal for coach operator Carmel Coaches.
Manjit Gill QC of No5 Chambers is set to chair a Birmingham City University talk titled ‘Meriam Ibrahim: the case that gripped the world’.
Financial pay-outs will never fully compensate people for damage caused by wrongful arrests download
Imagine the situation: despite being innocent, you are arrested by police, told anything you say could be used against you in evidence and you are locked in a cell.
Late last month, the Supreme Court of the UK handed down a judgment on the cases of two severely disabled men who want other people to help them to die.
The September edition of Legal Action magazine profiles No5 Chambers barrister S Chelvan.
Doughty Street has lost another public law silk with the exit of Paul Bowen QC to Brick Court, just months after a five-barrister team left Doughty Street for Monckton Chambers.
Although advances in technology should be utilised to their maximum potential, wherever possible, it cannot be relied upon alone, says Andrew Petherbridge.
Southend-On-Sea Borough Council v Armour is a tenancy repossession case in which the tenant invoked a successful article 8 defence.
The draft Equality Act 2010 (Equal Pay Audits) Regulations 2014 are due to come into force on 1 October 2014.
In the final part of this series, Richard Gibbs writes that the criminal justice system is predicated on finding the fairest way of dealing with juveniles.
Canon Jeremy Pemberton, the first British clergyman to enter a same-sex marriage, has confirmed that he has filed an Equality Act claim in the employment tribunal.
In the third of this four-part series, Richard Gibbs writes that the criminal justice system is predicated on finding the fairest way of dealing with juveniles.
We have a strong track-record in creating regulatory frameworks and a reputation for showing companies how to successfully navigate their way through them.
No client likes to have a human rights application brought against it before the Ontario Human Rights Tribunal.
DLA Piper has announced that Savaria Harris has joined the firm’s litigation practice as a partner based in New York. She will also practice in Washington DC.
Employers are waiting on the outcome of a court ruling that may mean special treatment has to be given to employees whose weight is causing them problems in the workplace.
Obesity is estimated to affect around one in four UK adults. The EU advocate-general’s recent non-binding opinion may give rise to significant implications for employers.
Can and should office relationships be allowed or does the home connection lead to domestic issues pervading the working environment?
Leading trade organisations have criticised plans outlined by George Osborne to allow HMRC to take taxes directly from taxpayers’ bank accounts.
Outer Temple Chambers has welcomed Fiona Scolding, a specialist public law practitioner highly praised in the leading directories.
There seems to be a growing recognition that retaining the skills of the older worker makes sound business sense. But are we neglecting our younger potential workforce?
Employer asks HRTO for permission to access employer’s own ‘Occupational Health and Claims Management’ file on employee download
Must an employer obtain permission from the Human Rights Tribunal of Ontario to access medical records on an employee who filed a human rights complaint?
BWB’s public and regulatory law team, headed by Melanie Carter, provides practical and strategic advice and representation for its clients.
Two recent cases illustrate the importance of employers making reasonable adjustments for disabled employees placed at risk of redundancy.
Recent guidance clarifies that the use of female-only shortlists or quotas to encourage more women on corporate boards is unlawful.
Employment law update — amendments to the Basic Conditions of Employment Act; increase in earning threshold; and more download
Eversheds has released the August 2014 issue of its Employment law update.
Alleging panic attacks due to mistreatment at work, employee’s HRTO application dismissed for duplicating court action download
Employees may not raise the same human rights issue before the Human Rights Tribunal of Ontario and the courts, a recent HRTO decision confirms.
Stereotypes can be ingrained at an early age, and Lego is one of the biggest influences on children as they grow up.
Private entities must ensure that exams and courses are accessible to individuals with disabilities or offer alternative accessible arrangements.
‘Red flags’ were used to assess workplace violence threat; employer’s request for psychiatric assessment was justified download
The Human Rights Tribunal of Ontario has ruled that the City of Toronto was justified in requiring an employee to obtain a psychiatric assessment because of ‘red flags’.
Police ordered to pay Human Rights Act damages for failure to conduct an adequate investigation into allegations of rape download
Katarina Sydow examines the High Court’s decision to award Human Rights Act damages in respect of an inadequate police investigation following allegations of rape.
Article 8 of the European Convention of Human Rights (ECHR) provides that everyone has a right to respect for his home.
In the case of McDonald and Others v McDonald, a married couple borrowed money by way of mortgage from a third party in order to acquire premises.
The provisions of the Equality Act 2010 relating to race do not, at present, expressly prohibit discrimination against a person because of their caste.
In the case Kaltoft v Kommunernes Landsforening, the advocate-general has given an opinion that morbid obesity may amount to a disability.
This case will remain relevant when assessing whether any future legislation regarding the disclosure of historic cautions or warnings breaches the right to private life.
Following a preliminary EU court ruling, severe obesity may in future be classified as a disability under EU law.
Two of No5 Chambers’ human rights barristers recently spoke at the Public Law Project Conference in Manchester.
Be Global — July 2014: new gender equality reporting obligations in Australia; meaning of ‘last wage’ clarified in UAE; and more
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
S Chelvan from No5 Chambers has been interviewed for the Outlook programme on BBC World Service.
Reshuffles and ‘pale stale males’ download
The idea that the group of staff targeted represent the ‘pale stale males’ of an organisation may ring discrimination alarm bells for those in HR.
Few legal cases have attracted wider public interest recently than that of the Danish childminder whose case has generated debate about whether obesity is a disability.
Is obesity a disability? download
The question of whether obesity constitutes a disability was recently considered by the advocate-general of the Court of Justice of the European Union.
Care Act 2014 download
The Care Act 2014, which received royal assent on 14 May 2014, will impose new obligations on local authorities in respect of the provision of social care.
Reports of a business executive sacked for having a visible tattoo raise potential issues for employers wanting to set standards of appropriate dress and appearance.
Obesity is a growing problem in modern society. For the first time, the European Court of Justice is considering issues concerning obesity-based discrimination.
Government loses workfare case download
Thousands of jobless claimants denied benefits under flagship back-to-work schemes could be in line to share £130m in compensation.
An employee has failed in his bid to persuade the Human Rights Tribunal that safety-related discipline against him was discriminatory under the Human Rights Code.
Following the grant of permission in TN and MA (Afghanistan) v SSHD  EWCA Civ 1609, there is a listing for the appeal in the Supreme Court in April/May 2015.
Bates Wells Braithwaite’s charity and social enterprise team provides highlights of this week’s charity website announcements.
Ontario’s New Human Rights Policy download
In June, the Ontario Human Rights Commission released a new policy entitled ‘The Policy on Preventing Discrimination Based on Mental Health Disabilities and Addictions’.
Bates Wells Braithwaite has welcomed a decision that establishes the Human Dignity Trust’s activities to protect the human rights of LGBTI people around the world as for the public benefit.
How far does associative discrimination extend beyond direct discrimination and harassment? download
Russell Holland and Russell Bailey consider the impact of the recent decision of the Court of Appeal in Hainsworth v Ministry of Defence.
If your organisation has 100 or more employees, unless it is a public sector employer, it will have annual gender reporting obligations to the Workplace Gender Equality Agency.
The European Court of Justice has recently heard a discrimination claim brought by a Danish child minder, Karsten Kaltoft, against his local authority.
ME v Sweden — Strasbourg rules no violation of article 3 for Sweden to temporarily expel a gay man to Libya download
The ECHR has declared admissible on article 3 grounds an application from a gay man regarding his expulsion from Sweden to Libya.
A case is currently being considered by the Court of Justice of the European Union concerning obesity and a ruling is expected shortly.
The extent of BVI court’s discretion under section 3(1) of the Reciprocal Enforcement of Judgments Act download
The Eastern Caribbean Supreme Court, Court of Appeal has determined the scope of the court’s discretion under section 3(1) the Reciprocal Enforcement of Judgments Act 1922.
Farm workers denied coroner’s inquest: greater risk of fatality in mining and construction industries, HRTO decides download
The HRTO has decided that it was not discriminatory for the Coroners Act to require mandatory inquests in construction and mining deaths but not in farm deaths.
The ECHR has upheld an appeal brought against France in respect of the French courts decisions in favour of Prince Albert of Monaco, against Paris-Match.
Is obesity a ‘disability’? download
Does the fact that a person is obese mean they are, or could be, ‘disabled’ for the purposes of the Equality Act 2010?
Jersey’s new discrimination law will be the focus of an expert panel discussion taking place that has been organised by Mourant Ozannes and the CIPD Jersey Group.
Audrey Williams, partner and head of discrimination at Eversheds, has commented on the European court considering for the first time where obesity sits in legal terms.
S Chelvan from No5 Chambers has been announced as the winner of the Legal Aid Barrister of the Year at the Legal Aid Lawyer of the Year Awards 2014.
Musicians employed by the National Theatre in its production of War Horse at the New London Theatre have been refused their application for an interim injunction.
More power to gender diversity initiatives, as Linklaters gets on board
No5 Chambers barrister S Chelvan has provided training across Europe on his DSSH (difference, stigma, shame and harm) model for credibility assessment in LGBTI asylum claims.
Immigration Update — May 2014: the Immigration Act 2014 — what it means for employers and migrant workers download
Under the Act, the number of immigration decisions which can be appealed has fallen from 17 to four.
Managing conflicting beliefs, in particular religious beliefs, is an increasingly tricky area for employers.
The Divisional Court has upheld an order dismissing Ghana’s request for extradition.
This e-alert provides an update on the US and EU sanctions as discussed in previous Allen & Overy e-alerts.
The decision in RMT v United Kingdom is clearly welcome news for employers with unionised workforces.
Jokes about Cornish pasties, tin mines and cream teas could soon be on the wrong side of the law.
The Federal Court of Appeal has confirmed that the ground of discrimination due to family status under the Canadian Human Rights Act includes parental obligations which engage a parent’s legal responsibility for a child, such as childcare obligations.
S Chelvan has presented his DSSH (Difference, Stigma, Shame and Harm) model at a conference on how to assess credibility in LGBTI asylum claims.
The Court of Appeal has quashed control orders against two suspected terrorists, one of whom is currently on the run having disguised himself in a burqa.
Following the deportation by the Sri Lankan authorities of a British tourist because she had a Buddha tattoo on her arm, Shoosmiths looks at the issue of tattoos in the workplace.
This year, ‘the struggle for rights and better social conditions’ may be taking a new turn for the Italian workforce.
The UK’s ban on secondary industrial action has been held to be lawful despite its interference with the European Convention on Human Rights Article 11.
The EAT decision in Crime Reduction Initiative v Lawrence is a reminder that when considering justification tribunals should discount any purely procedural errors.
The UN Security Council’s Al-Qaida sanctions committee has decided to delist Youcef Abdoui. Abdoui was represented by Rachel Barnes from Three Raymond Buildings.
BDK has welcomed associate Emina Zahirovic to its Banja Luka office in Bosnia & Herzegovina (Republika Srpska).
No5 Chambers’ Becket Bedford, with Zane Malik as junior, has won a significant advance in the protection of child rights on asylum.
The finalists for this year’s Legal Aid Lawyer of the Year Awards have been announced. No5 Chambers barrister S Chelvan has been shortlisted.
DLA Piper has published its first public ‘Communication on Progress’, which outlines the actions it has taken over the past year to integrate 10 principles into the business.
Ramby de Mello has represented a Hindu prisoner who was granted interim relief to attend his father’s funeral free of handcuffs.
The new Workplace Gender Equality Act 2014 (Cth) is intended to more accurately reflect and promote the issues of men and women in the workplace.
President Obama has issued an executive order and a presidential memorandum aimed at ‘closing the persistent pay gap for women and minorities’.
Same-sex couples are now legally allowed to marry for the first time in this jurisdiction.
IRS issues guidance regarding the Windsor decision’s application to qualified retirement plans download
The US IRS has issued Notice 2014-19 addressing how qualified retirement plans must treat the marriages of same-sex couples in light of United States v Windsor.
On 5 March 2014, the Supreme Court handed down its judgment in Stott v Thomas Cook Tour Operators Ltd.
Benefit from the strength of Dentons’ experienced Aboriginal law team to navigate the complexities of Aboriginal rights as they relate to your business.
Cheshire West: the hidden cost download
Sheree Green, senior associate at Anthony Collins Solicitors, comments on the recent Cheshire West judgment.
In IRS Notice 2014-19 and accompanying FAQs, the IRS issued long-awaited guidance addressing the treatment of same-sex spouses under qualified retirement plans.
Dentons offers a unique blend of knowledge and experience in all aspects of public law, on constitutional principles as well as administrative proceedings.
In Scotland, significant technical changes to planning legislation were brought into effect in August 2009 with the introduction of the current hierarchy of developments.
Eversheds has won the Inclusive Culture Award at the Opportunity Now Excellence in Practice Awards 2014.
Addleshaw Goddard has been named in The Times’ Top 50 Employers for Women 2014, which lists the organisations that are leading on workplace gender equality.
The High Court of Australia has upheld the decision of the NSW Court of Appeal in the case of Norrie v NSW Registrar of Births, Deaths and Marriages.
Richard Clayton QC of Kings Chambers has acted for the interveners, the Media Legal Defence Initiative and the Campaign for Freedom for Information.
Up Close and Personnel — March 2014: does the Equality Act 2010 cover post-employment victimisation? download
In Jessemey v Rowstock Ltd, the Court of Appeal overturned the EAT and held that post-employment victimisation is prohibited by the Equality Act 2010.
S Chelvan of No5 Chambers has been interviewed for a news item that was broadcast on Channel 4 News on 28 March.
The key recommendation from the 2011 Davies Review was a target for FTSE100 companies of a minimum of 25 per cent female representation on boards by 2015.
The court has emphasised the onus on a plaintiff to ensure their case is progressed expeditiously and the need to balance that obligation with the European Convention on Human Rights.
The OFCCP has issued expansive new regulations requiring government contractors to undertake greater efforts to employ veterans and individuals with disabilities.
There is a newly published white paper on a proposed law to protect against sex discrimination.
Eversheds has commented on the publication of the Lord Davies report into the role of women in UK boadrooms.
Head of the intellectual property and media and entertainment practices
The OSCR has concluded that St Margaret’s was engaging in discrimination given its refusal to place children with same-sex couples.
The Supreme Court judgment in P & Q and P v Cheshire West has finally been handed down. Barrister Laura Davidson from No5 Chambers comments on the decision.
The EU Council has decided to impose restrictive measures against individuals identified as being responsible for the misappropriation of Ukrainian state funds and/or human rights violations.
Lawyers from DLA’s New Perimeter are travelling to São Paulo to teach a course to law students and members of the community about pro bono legal work.
The Supreme Court has reversed the Cheshire West decision by seven Justices to zero and the Surrey decision by four to three.
The Supreme Court has handed down its judgment in relation to P v Cheshire West and Chester Council (& Ors) and P and Q v Surrey County Council.
‘A gilded cage is still a cage’ — the Supreme Court determines the question of what is a deprivation of liberty download
The Supreme Court has given its guidance on the proper test to be applied when deciding whether or not a person is being deprived of their liberty.
Research has revealed that women are failing to get to boardroom positions due to lack of recognition, rather than because of taking time off to have children.
DLA Piper’s Leadership Alliance for Women —a network dedicated to retaining and developing its women into leaders — is expanding across the firm’s international offices.
Barrister S Chelvan from No5 Chambers has drafted written comments for the forthcoming Strasbourg case of A. E v Finland.
On 1 March, No5 hosted a debate considering the role of the UK government in the 1984 attack on the Golden Temple in Amritsar, Punjab, India.
A key report by the House of Lords Select Committee, scrutinising the implementation of the Mental Capacity Act 2005, has been published.
The UK government supports the European Commission’s decision not to impose mandatory quotas; it favours a self-regulatory national level approach.
Equality between men and women was firmly addressed in Spain by a 2007 act on the effective equality between men and women.
The percentage of women on company boards in the Netherlands has increased. However, women are still under-represented in company boards.
Equal opportunities between men and women is a hot topic. Italy is trying to make a step forward, starting in the boardroom.
The proportion of women on supervisory boards of the 160 companies listed in the German stock exchange currently amounts to only 17.4 per cent.
France has adopted a law compelling French companies to aim for a balanced representation of men and women on boards.
The European Parliament has voted to adopt the European Commission’s proposed directive to increase the number of women on the boards of listed companies.
The Marriage (Same Sex Couples) Act 2013 comes into force on 13 March 2014, with the first same-sex weddings taking place on 29 March 2014.
Regulating CCTV use in the UK download
With technological developments and the increase of CCTV in public places, the role of regulation and guidance will become increasingly important.
There have been some high-profile cases involving the use of CCTV in Germany in recent years.
According to figures published by The National newspaper in Dubai, there were around 25,000 CCTV cameras in Dubai in 2011.
Maria Eugenia Ramirez, counsel in Hogan Lovells’ Miami office, has been selected for the 2014 Fellows Program of the Leadership Council on Legal Diversity.
Ilyashev partner Maksym Kopeychykov will present a report at the II Annual Judicial Forum, which will be dedicated to Legal Practice Day.
Hogan Lovells has been shortlisted in the Transparency Award category at the Opportunity Now Excellence in Practice Awards 2014.
Hogan Lovells’ ‘Breaking Barriers’ diversity initiative has hosted a series of events across offices in Asia and the Middle East to celebrate International Women’s Day.
The theme of this year’s International Women’s Day is ‘Inspiring Change’ — this is no more needed than in Italy, according to Lexellent.
Companies in the federal supply chain have an opportunity to prepare for the expansion of government’s anti-human-trafficking rules download
This update highlights the salient aspects of the proposed rules and the requirements that are likely to be of most interest to contractors.
The potential for employers to be exposed to disability discrimination claims arising from a failure to make reasonable adjustments for their disabled employees has been increased.
Hogan Lovells’ Ulaanbaatar office has hosted a panel discussion on breaking barriers for professional women, moderated by Solongoo Bayarsaikhan and Nominchimeg Odsuren.
Eversheds partner Audrey Williams has commented on the announcement of recommendations from Charlotte Sweeney to increase the number of women on British boards.
The High Court has dismissed the challenge to the recently imposed fees regime in the Employment Tribunal system, brought by the trade union UNISON.
S Chelvan of No5 Chambers has established some guidelines that are designed to ensure immigration officials ask the right questions of LGBTI people.
DLA Piper is representing Norrie in the High Court to defend the right to be recognised as neither male nor female on the NSW Births, Deaths and Marriages register.
Ever since the Equality Act came in, there has been uncertainty as to whether it covers post-employment victimisation.
Up close and personnel: new compensation limits announced and Unison’s challenge of employment tribunal fees dismissed download
Bristows has published its Up close and personnel newsletter for February 2014.
Elizabeth Slattery, a partner in Hogan Lovells’ employment team, has commented on a Court of Appeal ruling confirming that post-termination victimisation is unlawful.
The EAT has ruled that the restriction in the Equality Act that provides that survivors’ benefits for civil partners need only be provided in relation to service since 5 December 2005 is lawful.
Hogan Lovells has won asylum for a lesbian woman who feared sexual orientation-based persecution if she was required to return to her native Macedonia.
Opinion that employee not disabled under Equality Act does not give employer defence for not making reasonable adjustments download
Employers have a duty to make reasonable adjustments for disabled employees. However, this duty only arises where the employer knows the employee is suffering from a qualifying disability.
Eversheds partner Alison Oldfield has commented on the legal process of evicting protesters, after an application to evict protesters was adjourned for two weeks.
In EM (Eritrea) v SSHD, the Supreme Court addressed the appropriate test when determining whether it would be a breach of article 3 to remove an asylum seeker or refugee to a member state of the EU.
From 13 March 2014, under English and Welsh law, married persons of the same sex will need to be provided with the same pension rights as those in civil partnerships.
Minerals Matters — winter 2014 download
This issue contains articles relating to human rights in the mining industry, data protection issues, the ability to remove squatters and the crackdown on bribery and corruption.
Allen & Overy’s human rights working group (HRWG) has published the third issue of The Business and Human Rights Review.
Allen & Overy partner Jeffrey Sullivan will be speaking at the International Energy Arbitration conference, which will take place on 20–21 February in Houston, Texas.
S Chelvan from No5 Chambers has commented in The Observer on the ‘humiliation’ faced by gay asylum seekers.
Described by the government as failing to increase pre-hearing settlements, the Equality Act 2010 questionnaire procedure relating to discrimination will be abolished from 6 April.
The Administrative Decisions Tribunal has upheld an employee’s claims of indirect racial discrimination because the employer’s selection criteria excluded members of a certain race.
New Acas guidance published on asking and responding to questions of discrimination in the workplace download
The existing statutory framework under which individuals can ask questions about discrimination in the workplace will be repealed on 6 April 2014.
Hogan Lovells has teamed up with Coaching for Hope to coach young girls and deliver awareness about the positive effects sport can have in their lives.
Ian Brownhill of No5 Chambers has commented in the media on three international human rights cases.
The first same-sex marriages can take place in England and Wales on 29 March 2014. The legislation gives surviving same-sex spouses similar occupational pension rights to civil partners.
Twitter still to grasp the nettle download
Twitter’s abject failure to deal with the recent abuse levelled at Stan Collymore, an ex-Premiership footballer, suggests that its assessment might have been ill judged.
The Paris office of Eversheds is sponsoring a mentoring programme aimed at helping young women aged between 25–39 within the immigrant population.
Taylor Wessing has acted pro bono for the Human Dignity Trust in overturning northern Cyprus’s laws criminalising homosexuality at the European Court of Human Rights.
Court of Appeal holds that it is not religious discrimination to require a Christian employee to work on Sundays
The Court of Appeal has dismissed the appeal of a care worker that a requirement to work on Sundays amounted to religious discrimination.
Belief in ‘democratic socialism’ can amount to a philosophical belief for the purpose of a religion or belief discrimination
Mr Olivier believed that the Labour party was more than just a political party but that it enshrined a set of core beliefs amounting to ‘democratic socialism’.
S Chelvan from No5 Chambers has given a presentation at Oxford University’s Refugee Studies Centre.
A US court has held that Argentinian plaintiffs could not sue a German car maker in California for human rights violations allegedly committed in Argentina.
Wragge & Co has been named in lesbian, gay and bisexual (LGB) charity Stonewall’s Workplace Equality List, which ranks the best employers for LGB equality.
Hogan Lovells has been ranked 35th in the Stonewall Top 100 Employers 2014 Workplace Equality Index.
Eversheds’ Pensions Agenda summarises 10 key issues that UK pension plans and plan sponsors need to be aware of.
Bosman: Marc II? — restrictions on ability of footballers to move between clubs ‘infringes their human rights’ download
On 17 December 2013, FIFPro announced its intention to launch a challenge against the football transfer system.
The Court of Appeal has approved Parker J’s suggested new ‘relative normality’ test for assessing whether or not someone was being deprived of their liberty.
Three Raymond Buildings has been at the forefront of extradition law for more than 50 years and is the leading set in this field.
Three Raymond Buildings has built, and continues to build, an excellent reputation in the area of public law.
We are highly experienced in dealing with cases in international criminal and humanitarian law.
The arrival of 2014 has already ushered in major reforms to New York’s employment law landscape, with broad ramifications, particularly for New York City employers.
DLA Piper has been recognised as one of the best law firms for lesbian, gay, bisexual and transgender (LGBT) equality by the Human Rights Campaign.
Barristers Charles Foster, Ben Bradley and Katarina Sydow were instructed by Barlow Robbins to intervene on behalf of Care Not Killing in conjoined appeals.
Hogan Lovells’ Johannesburg office has achieved a level-two BEE accreditation — the only major South African law firm to achieve such a high rating.
AA (Somalia) — Supreme Court says home secretary should amend the refugee family reunion rule for children download
The Supreme Court has strongly indicated to the home secretary that she should amend the immigration rules concerning family reunion of children with refugees in the UK.
We began the year with the final chapter in the long-running series of cases on manifestation of religious belief.
There has for some years now been a campaign to include protection against caste discrimination in equality legislation.
Does the fact that a person is obese mean they are, or could be, ‘disabled’ for the purposes of the Equality Act 2010?
Welcome to the first edition of Explore, DLA Piper’s magazine for the mining sector. Three times a year, the law firm will bring you a selection of insights from its global mining team.
Hogan Lovells’ pro bono team has achieved a significant victory in a Fair Housing case.
In its changes to the Human Rights Act 1981, Bermuda’s parliament has added sexual orientation to the list of defined characteristics protected from unlawful discrimination.
A barrister from No5 Chambers was in the Grand Chamber of the European Court of Human Rights at the end of November, representing his client who wishes the ECHR to recognise that the French ban on wearing full-face veils is discriminatory.
Global Data Protection Index download
This is only the second time that the Data Protection Index has featured in Global Intellectual Property Index, yet a number of trends are already apparent from the results.
In P and Q v Surrey County Council & Others, the Court of Appeal approved Parker J’s suggested new ‘relative normality’ test for assessing whether or not someone was being deprived of their liberty.
S Chelvan, barrister at No5 Chambers, has provided training in Stockholm on his ‘Difference, Stigma, Shame and Harm’ model for analysing and determining LGBTI asylum claims.
The Chambers UK Bar Guide has ranked No5 Chambers in 15 practice areas.
UK Court of Appeal's award of compensation following breach of Data Protection Act could open floodgates download
In a groudbreaking case, the Court of Appeal recently awarded compensation to an individual for distress following a breach of Section 13(2) of the Data Protection Act 1998.
Eversheds has been named as one of the top 10 private sector organisations for racial diversity and inclusion by Race for Opportunity
The Public Sector Equality Duty was brought in by the Equality Act 2010 and came into force in April 2011.
Lawyers can get involved in the fight against poverty by supporting pro bono initiatives
Governance News — November 2013 download
Minter Ellison’s Governance News provides a synopsis of its weekly summary of corporate law and governance developments in Australia and overseas.
S Chelvan of No5 Chambers analysed the impact of a case concerning three gay asylum seekers on the BBC World Service Newshour program on 7 November.
Most employers have a certain standard of dress in the workplace, whether enforced through contractual terms or through customary practices.
DLA Piper and CMS Cameron McKenna have won the TrustLaw Collaboration Award for their work supporting advocacy for anti-domestic violence legislation in China.
Hogan Lovells has provided pro bono assistance in authoring Creating Equal Access to Quality Health Care for Transgender Patients: Transgender-Affirming Hospital Policies.
The owner of a news portal had been found liable by the Estonian courts for defamatory user-generated comments posted on that portal, even though it removed the comments.
In April, Mills & Reeve blogged on the Equality and Human Rights Commission’s guidance on complying with the Public Sector Equality Duty from a procurement perspective.
Wildgen has signed the Diversity Charter Lëtzebuerg, confirming its commitment to fight all forms of discrimination.
Hogan Lovells has been nominated for 11 awards at the upcoming Euromoney Asia Women in Business Law Awards 2013.
DLA Piper has been presented with the Thaddeus Stevens Partnership Award by the Public Interest Law Center of Philadelphia (PILCOP).
Retail e-briefing: how should pension schemes treat same-sex married couples and civil partners download
Employers and pension scheme trustees will need to consider how they will treat same-sex married couples in respect of survivors’ benefits under their scheme.
Conyers Dill & Pearman’s London office has hosted a roundtable discussion on the subject of gender diversity in the boardroom.
Minter Ellison’s Ajay Khandhar has been awarded the 2013 Australian Young Lawyer Award for Organisation.
Victoria Hutton and Hashi Mohamed from No5 have presented at the Law Society’s Junior Lawyers International Weekend.
DLA Piper has received the San Diego Volunteer Lawyer Program’s (SDVLP’s) 2013 Sustaining Justice Award, which recognises a local law firm that has provided extensive pro bono support to the organisation.
On 6 September 2013, the minister for women and equalities published a statement on the outcome of the review.
Comprising of one of the largest immigration groups in the country, the barristers at No5 are at the cutting edge of the development of the law in the field. No5 Chambers has a truly national presence, with offices in London, Birmingham and Bristol.
The No5 Chambers international human rights group is dedicated to advising and representing individuals who have legal problems that raise issues as to the implementation of human rights obligations in the domestic context as well as in the international setting.
National Legal Aid & Defender Association (NLADA) has presented Hogan Lovells with its 2013 Beacon of Justice Award.
UK government publishes action plan implementing UN Guiding Principles on business and human rights download
On 4 September, the UK government released its Action Plan on Business and Human Rights, becoming one of the first countries to produce such a plan.
The UK is leading the way on business and human rights, but others will be following soon
Comparison on the rights, limitations and procedures related to public gatherings and demonstrations across Europe download
On a European level, fundamental rights are laid down in the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights (ECHR).
Hogan Lovells has been named on the Working Mother Media and Flex-Time Lawyers ‘50 Best Law Firms for Women’ list for the second year in a row.
Working Mother has named DLA Piper as one of the 50 best law firms for women, recognising the many programmes it offers to attract, retain and promote talented female lawyers.
The ’bedroom tax’ is beginning to bite.
Almost a year ago the High Court handed down judgment in the cases of Tony Nicklinson and ‘Martin’. The two men were seeking clarification of the law relating to euthanasia and assisted suicide.
The Court of Appeal has somewhat reluctantly held in Black & Anor v Wilkinson  EWCA Civ 820 that refusing to allow an unmarried gay couple to stay in a double room at a bed and breakfast is direct discrimination.
In Project Blue Limited v HMRC the First-Tier Tribunal considered for the first time the application of section 75A to a complex and high-profile property transaction.
Whether privacy will be breached by the employer in gathering evidence with an aim of dismissing the employee will depend on the facts.
Excluding lawyers from the divorce process is a false economy that will only pile on the agony
The perceived clash of rights does not really stand up, as the law cannot protect subjective content
Outer Temple Chambers offers expertise in welfare, deprivation of liberty and property and finance cases in this fast-developing field of work.
In the 2005 case of Joseph Taylor v Lancashire County Council, the tenant pointed to the different procedures for dealing with various kinds of breach of tenancy.
As the Snatch Land Rover case ends, recognition of soldiers’ legal status abroad is welcome, if overdue
Soldiers serving in the British armed forces will be protected by the Human Rights Act (HRA) wherever they are based, the Supreme Court ruled this morning.
Allen & Overy’s Human Rights Working Group has published the second issue of the Business and Human Rights Review.
Hundreds of lawyers gathered outside the Houses of Parliament on 22 May to protest against the government’s legal aid cuts.
King & Wood Mallesons is the only large commercial law firm in Australia with a dedicated human rights practice.
The Equality and Human Rights Commission has issued guidance for employers and job applicants on pre employment health questions.
Religion at work: new ECHR ruling download
The European Court of Human Rights has handed down a judgment considering the right of individuals to manifest their religion in the workplace.
EU implements latest Iran sanctions download
On 21 December 2012, the Council of the European Union adopted Council Regulation No 1263/2012, concerning sanctions against Iran.
The preliminary hearing of the posthumous trial of Russian lawyer Sergei Magnitsky has been postponed after his family and their lawyers refused to take part in the trial.
The International Association of Privacy Professionals (IAPP) held its first European Data Protection Intensive conference on 25–26 April 2012.
A number of recent developments in the area of religion and belief discrimination merit employers’ attention.
If you pick out just one of our Hot 100 to watch this year, make it Hodge Jones & Allen partner Jocelyn Cockburn (scroll down for video interview).
The European Court of Human Rights has issued its long awaited judgment in the case of Eweida and Others v the United Kingdom.
The European Court of Human Rights (ECHR) has delivered a mixed verdict in four landmark religious liberty cases this morning, finding that British Airways (BA) discriminated against a cross-wearing employee but dismissing the other three appeals.
Top human rights barristers are awaiting a significant judgment on four landmark religious liberty cases this week.
The European Court of Human Rights (ECHR) has ruled that claims against the UK Government by Chagos Islanders are inadmissible, seven years after the case was filed.
The European Court of Human Rights (ECHR) has held that employment law in the United Kingdom does not adequately protect individuals from dismissal as a result of their political beliefs or affiliations.
The mother of Sergei Magnitsky, a Russian lawyer who died in November 2009 while being detained in a Moscow prison cell, has appealed to the European Court of Human Rights (ECHR) to declare that Russia has violated the European Convention of Human Rights in relation to Magnitsky’s death.
The wife of murdered russian spy Alexander Litvinenko is understood to have dropped her longstanding human rights lawyer Louise Christian of Christian Khan in favour of a Russian firm in the West End.
The recently enacted Iran Threat Reduction and Syria Human Rights Act of 2012 strengthens existing sanctions on Iran.
Pursuant to a mandate in the Dodd-Frank Act, the US Securities and Exchange Commission recently issued final rules requiring issuers to account for the use in their products of so-called conflict minerals.
The growing importance of public international law and global human rights practices were examined at The Lawyer’s latest roundtable discussion
Internet service providers have frequently been caught in the cross-fire in defamation claims, with claimants increasingly targeting them to get comments removed quickly.
Taylor Wessing has taken on its first case since signing up to the Human Dignity Trust’s legal panel, representing two men arrested in Turkish-controlled Cyprus under a law that criminalized gay sex.
Grays Inn set Monckton Chambers had grown its human rights group with the addition of barrister Eric Metcalfe as a tenant.
Leading human rights silk Tim Otty QC is set to join Blackstone Chambers just six months after he quit 20 Essex Street to join civil rights set Doughty Street Chambers.
Immigration and human rights boutique Gherson’s commercial litigation team, headed by partner Neil Micklethwaite, is joining the London office of Brown Rudnick.
Ince & Co has been hit with a sex and disability discrimination claim from a former reinsurance lawyer who left the firm last April.
Lewis Silkin has filed an appeal on behalf of its client Stephanie Villalba (left), the former investment banker who lost her sex discrimination case against Merrill Lynch. The firm had 42 days to appeal against the December decision of the Croydon employment tribunal, which found that Merrill Lynch had not discriminated against Villalba on grounds of gender. She had claimed £7.5m in compensation for ...
The Freedom of Information Act: social revolution or most notable for its exemptions?
Legal precedent was set last Tuesday (30 November) as a New York human rights organisation filed a complaint in Germany against US officials over alleged torture at Abu Ghraib prison in Iraq.
Cambridge Antibody Technology’s (CAT) general counsel has welcomed a Government-commissioned document on whether the UK’s existing rules on pre-emption rights hinder certain public companies.
ITALY has been criticised at the Council of Europe for failing to push through judicial reforms necessary to speed up its often tortuously slow court procedures.
Australian law firm Holding Redlich has launched the first comprehensive corporate social responsibility (CSR) service to be offered by a law firm in Australia.
Lawyers for one of the Britons imprisoned in Guantanamo Bay have filed a unique pleading demanding that the US does not use witness statements allegedly obtained by torture against their client.
Berwin Leighton Paisner’s head of public affairs and public policy has been named as the new director of private sector at the Commission for Racial Equality. Brenda Stern will take a two-year secondment from the City firm to take up the role in October. First revealed on www.thelawyer.com 28 September
The Law Society is attempting to help develop human rights in Nigeria with this week’s launch of the British Nigerian Law Forum.
Two High Court judges are among complainants challenging the Government in a possible House of Lords action over plans for a major development in Bankside, London SE1.
Web-based litigation software company iCONECT LLC has thrown its weight behind an unprecedented initiative by offering its law firm clients free licence access to its suite of products for use in pro bono cases. The move will give legal experts working on vital civil rights and justice litigation access to the same tools used in high-profile litigation cases.
The insolvency team at South West firm Foot Anstey Sargent is celebrating the news that one of its members has been awarded the Certificate of Proficiency in Insolvency (CPI). Siân Phillips, who joined the department in 2002, now becomes an associate member of the Insolvency Practitioners Association. Phillips’ success in the CPI exams represents an important step towards becoming a licensed insolvency ...
Compensation totalling more than £4m was paid out by employers last year in compensation for sex, race and disability discrimination cases.
Penningtons is advising the President of Equatorial Guinea on a civil action arising from an alleged conspiracy to overthrow the government of the oil-rich African state.
Jean Bursle and Matthew Edwards report on how the Australian property market and the recognition of native title have found some middle ground
Renowned human rights firm Bindman & Partners is advising Lloyds TSB’s workers’ union on its legal attack on the bank’s offshore outsourcing, which could threaten the future of the practice.
The Law Society and the Bar Council last week spearheaded international condemnation of the detention of terrorist suspects in Guantanamo Bay.
The Foreign & Commonwealth Office (FCO) has extended an existing panel on human rights to include child abduction cases.
As the holiday season begins, one group of lawyers has never been busier. Jon Robins meets Stephen Jakobi, the face of Fair Trials Abroad
“We do one thing and we do it exceptionally well,” says Laura Devine. “We have specialist expertise in all aspects of immigration.” Devine set up City immigration practice Laura Devine Solicitors (LDS) a year ago after splitting from Eversheds, where she was a consultant. “We don’t concentrate ...
Bevan Ashford partner Tim Hughes is jetting home to Tiverton to face the music after a 26-hour jaunt in Jordan with Saddam Hussein’s legal team.
The House of Lords last week strengthened employment rights for the disabled in a landmark ruling.
Human rights law is the vaguest, most uncertain and most unpredictable branch of our law. Everything is up for grabs, including the scope and meaning of the rights themselves. Hard-edged definitions are few and far between, and principles tend to be open to a variety of interpretations. It is a potential goldmine for the bold – but a minefield for the unwary.
Eloquently, passionately and with no little wit, the man can most certainly talk. Fortunately, on this occasion, he restricted himself to one gag, and to the delight of some in the audience, it was at Campbell’s expense. Opening his copy of the Civil Service (No 2) Bill at Section 6(3) Lord Lester turned his steely gaze on the evening’s host to quote “from one former special adviser to another: ‘Special advisers shall not exercise executive powers over civil servants’.”
On 22 June, 1400 people will crowd into the Grosvenor House Hotel on Park Lane for the most eagerly-awaited event of the year. With only one week to go, The Lawyer brings you a sneak preview of the shortlisted individuals and teams
Human rights lawyer Phil Shiner is determined to bring the UK to book over the war in Iraq. Jon Robins reports
The Lawyers’ Committee for Civil Rights Under Law has elected a litigation partner from Kirkland & Ellis as co-chair.
Lovells has dropped out of a case in the US Supreme Court against the might of George Bush’s legal team because of a disagreement with leading English QCs over how their arguments – concerning the US President’s treatment of Guantanamo Bay detainees – should be presented.
Three English barristers, including Sir Sydney Kentridge QC, are set to go face-to-face with the might of George Bush’s legal team in a direct challenge to his policies at Guantanamo Bay.
THE US government will have to reconsider the fate of foreign nationals on death row after the International Court of Justice (ICJ) ruled that it had breached its obligations under the Vienna Convention on consular relations by failing to inform 51 Mexican convicts of their right to contact diplomats “without delay” after arrest. The court also censured the US for failing to allow Mexican consular officials to arrange legal representation in 34 cases.
Geraldine Van Bueren has dedicated her life to protecting the interests of children. Gemma Charles reports on her significant achievements
Amnesty International is the world’s best-known human rights organisation. Joanne O’Connor meets the man who helps to keep it legal
Lawyers have been forced to take extreme measures to protect themselves against attacks from animal activists, including carrying personal attack alarms and taking alternative routes home.
A COALITION of major business groups has filed an amicus brief at the United States Supreme Court calling on it to “clarify” the US’s 1789 Alien Tort Statute, which they claim is being abused by special interest groups.
How should Saddam Hussein be tried? Jon Robins talks to the key legal opinion-formers
When data protection can kill: Information Commissioner Richard Thomas speaks out on Ian Huntley – and makes a plea for common sense. By Jon Robins
Clifford Chance partner Michael Smyth, fresh from his role as the solicitor to the Hutton Inquiry, has been given a similar role in an inquiry into aspects of alleged racism in the Metropolitan Police.
Field Fisher Waterhouse (FFW) has won out against 47 other law firms to become sole legal adviser to the General Social Care Council (GSCC), the regulator of the social care workforce.
As programme makers persist with dramatic reconstructions of court cases, the drive to broadcast the real thing is reaching fever pitch. Jon Robins reports
A powerful remedy is emerging in relation to human rights damages, says Tim Ward and Daniel Beard
The Americans’ internment of prisoners in Guantanamo Bay has highlighted the issue of international human rights. Richard Gordon QC asks whether things would be different if the US were party to the ECHR
Although the pattern varies in each of the UK's jurisdictions, human rights is weaving its way into the fabric of the legal systems
Blackstone Chambers has appointed public law, human rights and commercial litigation junior James Eadie (left). Formerly of Serle Court Chambers, Eadie was called to the bar in 1984, and since 1997 has been junior counsel to the Crown Common Law 'A' panel.
Making the Channel 4 board is just reward for Nabarros employment ace Sue Ashtiany - but she isn't making a song and dance about it. By Julia Cahill
The Lawyer Awards' lifetime achiever Clive Stafford Smith may be returning to the UK, but as Naomi Rovnick reports, there's no reprieve for US injustice
The EU is to sign a controversial extradition deal with the US, with the agreement being approved by the EU Justice and Home Affairs Council, despite concerns raised by the European Parliament.
The Athens Bar Association, which once sought to prosecute Norton Rose for its presence in Greece, is seeking to file a suit against the UK at the International Criminal Court (ICC). It claims that the UK's use of forces in Iraq constituted "crimes against humanity and war crimes".
The London office of US firm Shaw Pittman has been hit by a stampede of associates following recently departed partners Andrew Moyle and Jennifer Matt-ingly, but the office plans to bounce back with a bold new strategy.
The City Disputes Panel (CDP) has launched an employment support service offering clients alternative dispute resolution (ADR) options specifically for HR disputes.
Once again Mr Justice Collins has ruffled more than a few Parliamentary feathers. But as Jon Robins reports, the 'dictator in a wig' is unrepentant
Harrowing though her work must be, The Lawyer/Unicef Child Rights Lawyer of the Year Pat Monro still manages to keep smiling. Jennifer Currie reports
The International Bar Association (IBA) has offered its support to Nigerian lawyer Hawa Ibrahim, who is defending Amina Lawal, the woman sentenced to death by stoning for adultery in Katsina
Submissions by Finers Stephens Innocent and Doughty Street barristers to the European Court of Human Rights (ECHR) in Strasbourg have led to the UK Government being asked to justify its libel laws
Edward Fitzgerald QC takes lead role in case that strips Home Secretary of his power to set minimum jail terms for convicted murderers
Kathryn Hobbs meets Robin Allen QC, who says he is determined to revamp the image of the Bar
James Oury has spent his career in efforts to save the lives of death row prisoners, but he wants to be known for more than just being a life-saver
Head of chambers at Cloisters Laura Cox QC may have a fearsome reputation, but the only people she argues with these days are her children
Europe, Pinochet, Milosevic and bananas - Michael Shrimpton has rather strong views on them all. But for some reason, we still rather like him
Louise Christian is not a woman to be taken lightly, evidenced by her latest test - demanding that the Government interjects in the Guantanamo situation
Shami Chakrabarti put human rights firmly on her agenda by departing her Government legal post to do battle with it as Liberty's only in-house counsel
Joanna Brett examines how the Human Rights Act has been interpreted over the first year of its implementation and discusses what the future holds for this controversial piece of legislation.
Human rights campaigner Bianca Jagger told The Lawyer last week that it is crucial for corporate law firms to become more involved in pro bono human rights work.
There's nothing quite as irritating during a time of worry than a habitual optimist. The ability to conjure up silver linings where even the darkest clouds are gathering never achieves very much. But even the most ardent optimists must be having a hard time finding any kind of silver lining to the current economic situation. Every day brings or a new report underlining just how bleak the prospects of avoiding a recession are. Much of the speculation has moved away from whether ...
The relationship between large firms and the individuals who work in them has exercised the minds of management writers for decades. In the 1980s, the accepted wisdom of the supremacy of organisation over individual was turned on its head as the 'me-first' culture took hold. In the parlance of the day, the excellent firms would be those who could change the organisation to suit the needs of the key individuals. Rather than forcing these individuals to bend to the will of a ...
As Kamesh Bahl prepares for her appeal gainst the Law Society, she speaks out about how the case has affected her sanity and her finances
Art can play an important role within law firms as:
An increasing number of law firms are collecting quality works of art to display around their offices. Richard Cree asks whether the right image can help motivate your staff
The internet has transformed our lives. Office life, in particular, will never be the same.
Some believe Law Society chief executive Janet Paraskeva is giving the society a spring clean, while others believe she is denting it all out of shape
Finance directors are crucial to the smooth running of law firms. So how do you attract the right one for the job? Or should you grow your own? Kelly Harrison investigates.
There are many conflicting theories on stress in the workplace. For some, it is little more than a healthy adrenaline rush that keeps organisations ticking; for others, however, stress is a force of evil, the cause of most workplace sickness and a financial burden on any forward-thinking firm. But regardless of where you stand on the stress debate, not many would dispute that everyone needs to unwind sometimes, or in modern parlance, everyone needs to 'chill' a bit. And there ...
Sir Sydney Kentridge was defence barrister in the two highest-profile cases in apartheid South Africa. But at 78 are the energy levels starting to run low?
Sir Sydney Kentridge QC
An increase in M&A activity and the desire for a better working life mean that more are relocating to pastures new. Richard Cree discovers how to help with the move
If one phrase has come to represent the latest next big thing in management as well as human resources (HR) thinking it is that post-millennial buzzword du jour - creativity. Even the briefest of glimpses at one of the burgeoning selection of management magazines will reveal the depth of support for the current mantra of 'be creative'. Book review pages in particular are bursting with the latest selection of authors desperate to get anyone who will listen to create like mad.
Major change is taking place in the way that law firms reward staff, particularly the rank-and-file fee-earners. Pay rates and reward structures are being imported from US law firms via their London offices, and are leading to changes within City firms. One of the most noticeable changes is the greater use of bonuses.`While profit-sharing schemes are the basis of all professional partnerships, the use of bonuses in law firms for associates and assistants, and in some cases for non-fee ...
As you will have noticed over the past few weeks, we live in an age of opinion polls and focus groups. It seems that the guiding principle for New Labour is to keep everyone onside and to annoy as few as possible. And while opinion remains divided about how accurate polls are, what better way to test prospective policies than with a few well-structured focus groups?`But what impact are all these focus groups having outside of politics, besides making a few market researchers and psephologists ..
Scotland-based firm McGrigor Donald has appointed Professor Alan Miller as human rights director.
Proposals by two Bar Council committees to ban discrimination against pupil and tenant applicants on grounds of age have been slammed as "unworkable" by the Commercial Bar Association (Combar).
Customer Relationship Management (CRM) is now being allocated significant budgets by companies which understand the importance of retaining customers to improve their bottom line. Poor customer service leads to lost customers, opportunities missed through poor targeting and higher acquisition costs, but companies are still failing to make proper use of customer data and are flouting regulations at the same time.According to new research carried out on behalf of Mondex International ...
dsdgdsfgdsfgMakeGood employee communicationsCompensation programmesA clear business strategyBreakProblems with human resources integrationCompensation issuesCultural issuesSource: Hewitt Associates
The time before and after a merger is one of immense uncertainty for employees. Not only are they feeling insecure about the future of their jobs but often their entire remuneration package comes under scrutiny. The best way to deal with this uncertainty is to provide them with regular information. Even if you have got nothing to say, tell them what you are working on and when you expect to be able to make an announcement. Employees should also be told about the implications of the ...
The question of who owns an occupational pension scheme's surplus has once again reared its ugly head in the form of the recent House of Lords ruling in the case involving the National Grid pension schemes.Two National Grid pensioners objected to the use of the pension scheme's surplus to fund redundancy packages subsequent to privatisation. They argued that it was the scheme members and not the employer who should benefit from any surplus. After a long and acrimonious ...
Mergers are an unavoidable part of modern corporate life. If you have not already been through the process, the chances of you managing to avoid it much longer are slim. But what exactly is the role of human resources (HR) in a merger? It is a simple question with a complex answer.While some HR managers offer one-to-one counselling for every clerk and post boy, others want to be in the boardroom calling the shots even before the ink is put to paper on any deal. PricewaterhouseCoopers' ...
Last year's Industrial Society research entitled "Maximising Attendance" revealed that sickness absence costs the UK economy £13bn annually. It is surprising, therefore, that only 28 per cent of organisations claim to record all absences, and that there still seems to be a belief that nothing can be done to improve the situation. Companies that have tried to do so have found that the key to increasing attendance is to first discover what makes people ...
Like all managers, most notably football managers, HR managers are prone to use the odd cliché. For every football manager who revels in "a game of two halves", an HR manager somewhere is speaking with apparent sincerity about how "people are the firm's most important asset". Despite the collective cringe that follows this pronouncement, many employers still resolutely defend their claims to this effect.Of course, for ...
Traditionally, the only cases where employers paid for financial advice was for staff who were about to retire. Now one of the fastest-growing employee benefits, independent financial advice is offered to all levels of employees. It can cover any aspect of finance, from the tax implications of maturing share options to what employees should do if they have an endowment mortgage.The three biggest drivers behind this change are the move by occupational pension ...
For the modern law firm, as for many types of organisations, the need to encourage diversity has become something of a mantra for success. Whether it refers to client lists or areas of practice expertise, diversity is hailed by many as the new specialisation. It is this as much as anything that fuels the continual merry-go-round of mergers and acquisitions.Nowhere is this quest for diversity felt more keenly than in the HR office. Although last year's ...
Living Culture: A Values-Driven Approach to Revitalising Your Company Culture by Jan Thornbury, published by Random House (ISBN 0-7126-6959-0)A self-help guide for corporations, this book advises how to identify your firm's culture and "revitalise it" to maximise success.Jan Thornbury is a business consultant who assisted KPMG in their "culture change" process. Stephen Butler, KPMG's international chairman, explains the firm's objective ...
Elaine Bradley, head of tax at US law firm Dorsey & Whitney, has a very flexible arrangement with her employer.Not only is she allowed to work from her Oxford home when she is not required at the firm's London office, but she also spends one day a week running her own internet company Byabiz.com.When she is at home, Bradley works on a laptop and takes calls on her mobile or dedicated business line. "For most of my clients, it doesn't matter whether ...
Lawyers have a reputation for working long hours, and although larger law firms deny that they actively encourage staff to work late, they do not exactly persuade them to go home. In fact, they offer a range of lifestyle benefits based firmly around the workplace.The largest City firms run in-house gyms and swimming pools which, while helping to relieve stress, mean that employees frequently live their work and social lives without stepping outside ...
Some years ago, when I was working at a firm that shall remain nameless, we were each sent a pack of benefits brochures. In the folder (a dull grey one) was a letter from our human resources department telling us that because the firm cared about our health it had negotiated special discounts with, among others, a hospital cash-plan provider and a private medical insurance provider. You don't need to be a genius to work out that this went down like the proverbial lead balloon. ...
The idea behind stakeholder schemes was a good one - give low earners a vehicle in which they can save safely and at a low cost through their employer, with all contributions deducted at payroll.Like all good ideas, it is great in theory, but although stakeholder schemes do not come into force until October, it has already received heavy criticism for missing its target audience.The charges for stakeholder schemes are capped at 1 per cent ...
Ask a group of HR managers to name the most over-used word in the workplace and there is a fair chance that "stress" would appear high on the list. While we live in an increasingly pressurised world with the workplace at the centre of this pressure, stress remains an elusive concept. One of the reasons it is so hard to deal with is that it is hard to be sure exactly what we are talking about. What is stressful for one employee is merely a bit of pressure for another. ...
What exactly is a stakeholder plan?A stakeholder plan must be a defined contribution (money purchase) scheme. Its annual charges must not be more than 1 per cent of the value of the fund. The minimum contribution cannot be set at more than £20. The scheme must have its own trustees or stakeholder managers.What do employers have to do?By October 2001 employers must:- Consult with relevant employees and designate a stakeholder ...
Business is booming in Jersey and Guernsey. So says Bailhache Labesse partner Mark Lewis, echoing the sentiments of dozens of lawyers on the islands. And this is despite somewhat gloomy predictions 18 months ago that the Channel Islands would have trouble maintaining their position in light of the burgeoning euro and pressure to conform to international regulations.
Employee empowerment is a phrase that gets around. Whether it is a management text, a personnel magazine or an interview with a successful young e-business entrepreneur, everywhere you look someone is proclaiming their faith in the ideology of empowerment. And yet does anyone really know what it means? And for the few who do, are they really ready to embrace it? The fact is that we live in an age where human resource managers are desperate to prove their strategic worth to organisations. ...
One of the better guides to effective managerial behaviour, Developing Management Skills for Europe, is now in its second European edition.
It may not have a huge turnover - reserves are in the region of £2m - but EJ Legal is rapidly positioning itself as the smaller alternative to QD and ZMB for partner moves. The firm moved around 60 partners last year (unlike QD and ZMB, its partner practice is not supplemented by a focus on the assistant market), with Simon Janion the biggest biller.
You know the situation: deadline day is upon you and the nanny has just phoned to say that she is going back to Uzbekistan, immediately. Your best suit needs collecting from the dry cleaners before tomorrow's presentation and you haven't even begun to think about your dinner tonight. So what do you do? For an increasing number of staff in UK law firms, the answer is simple: you make a single phone call to sort it all out, from cover for the nanny to collecting the dry cleaning.
The chances are that many of you reading this will have used a recruitment consultant at one time or another. You may have wanted to test the water or were just intrigued by an advertisement, or you may simply have wanted an escape route. The selling point of recruitment agencies is very simple; it is based on hope. Hope for the candidates that they might get that perfect job, and hope for the law firm clients that they can get the perfect lawyer. But with recruitment becoming increasingly ...
Taken over by TMP for some £40m in July this year, QD is still regarded as the market leader in private practice legal recruitment. It turned over £16m last year, £11.5m of which was in legal, and placed nearly 80 partners. The most prolific mover of lawyers was Greg Abrahams, who personally found new jobs for nearly 20 partners and who billed a total of £1m. Other major placers of lawyers include Seamus Hoar, Sarah David, Gavin Sharpe, Nick Shilton and Will Cock, all of whom billed ...
Having demerged from its secretarial recruitment division in the summer, ZMB was taken over by Hays for some £15m last month. With a turnover of around £6m, it placed approximately 30 partners last year.The rising stars at the moment are Yvonne Smyth and Andy Russell, who have stepped smoothly into the gap made by Joe Macrae's departure this summer. Smyth moved 10 partners last year, and both recruiters are thought to have each billed at least £500,000 in fees.
Strategic Human Resource Management: A Guide to Action by Michael Armstrong, published by Kogan Page (ISBN 0749433310)
The increasingly global reach of major City firms and their ever-growing size benefits clients in many ways, but only if the firms' internal communications systems are effective.
Partners in commercial law firms have never been more mobile and hiring a whole team is now common practice. Even 10 years ago, it was almost unthinkable for a partner to leave an established City practice, let alone to leave for a practice in its infancy. Now, hardly a week goes by without news of well-known lawyers joining another law practice - whether a UK or US firm, or the associated law firm of one of the big five accountants. However, it takes more than a number of bought-in heavyweights
A lack of promotion opportunities is driving lawyers into the arms of other employers, according to a survey by TMP QD Legal in association with The Lawyer, which studies motivation among private practice and in-house lawyers.
With employee benefits expenditure in the UK worth millions, it is incredible that organisations do not make more of a song and dance about their benefits, or even consult employees on which benefits they would most like.
Rollercoaster tells the story of the rise and fall of the emerging markets. Starting with a spot of currency trouble in Bangkok in 1997, the panic spread across Asia, Russia and then Latin America.
The decision of several leading law firms to take all or part of their recruitment process in-house has thrown open the debate about the best way to secure the services of the most sought after lawyers. The initiative is not universally supported, but advocates claim it offers a more focused service and can save both money and time.
After a period of sustained economic growth and increasing profitability, the legal sector, in common with many others, finds itself with a dearth of talented people and dramatically rising labour costs. One can barely pick up a legal sector news publication without registering the sense of disillusionment felt within law firms, including that of partners. The response to this has been in some respects predictable and in others, extraordinary.
The demand for the highest quality individuals and the insatiable drive towards creating bigger and better practices within the legal profession has never been greater. Individuals change jobs far more readily than they did before. But for all the job offers that are made and accepted, how often is an individual persuaded to remain by their current employer?
The sale of legal recruiter QD to TMP Worldwide and an increasingly candidate-led legal market may change the face of legal recruitment forever. Fenella Quinn reports.
The Soul at Work by Roger Lewin and Birute Regine, published by Orion ISBN0752811851
As more and more lawyers move firms, personnel departments are employing the services of independent careers consultants in a last-ditch attempt to retain staff. Alison Clarke reports
You'd have thought it was pretty obvious that hiring the right people is one of the most important strategic issues for a law firm. Look how obsessively everyone is discussing the salary hikes, for example, as if they couldn't have been predicted. After all, how else were top City firms going to try and square the US circle? (As for the medium to small firms, just make your decision. Increase pay or don't increase pay, but stop banging on about it.)
Matheu Swallow meets John Cooper, the human rights lawyer who worked on the Louise Woodward campaign and is now advising a campaign group which claims a British nanny serving 25 years in the US fir shaking a 13-month-old-boy in her care to death is innocent
Fiona Callister speaks to Sir Nigel Rodley about the tension between emotion and analysis in his role as a UN rapporteur.
Tom O’Sullivan speaks to Albie Sachs, a former ANC activust who is now a judge fighting for a new South Africa
In his first exclusive since being appointed senior Law Lord, Lord Nicholas Browne-Wilkinson talks to Robert Mendick
Shaun Pye meets Geoffrey Bindman after his double victory- for Ammnesty in the Pinochet case and in getting the Hanratty case to the Court of Appeal
Peter Weiss asks whether a new psychometric test for job applicants offers a fairer way of assessing candidates. Peter Weiss is a trainee solicitor at Nabarro Nathanson.IN An age that holds up psychology as the darling of social sciences, the use of psychometric testing is probably inevitable. Perhaps as predictable is the controversy that surrounds it.While some firms believe ...
EMPLOYMENT lawyers have predicted a big rise in contested employment hearings if proposals contained in the Government's "Fairness at Work" white paper published last week become law.Andrew Leaitherland, an employment lawyer at Davies Arnold Cooper's Manchester office, said that a number of the changes had been expected. However, he added that "few thought it would happen this quickly".The White Paper, expected ...
It is easy to look back and comment on the past 10 years of recruiting in the legal market but it is far more exciting to gaze into the crystal ball and view the future.This is especially so at the moment, because in my 15 years of experience in the legal profession - four in practice as a solicitor, the balance as a recruitment adviser - the market has never been in greater turmoil.It is a turmoil caused largely by the clash of the very different players ...
Yet again the legal press is full of stories about partners, teams and senior assistants moving firms. Gone are the days when lawyers joined one firm and had a "job for life".In order to retain key players, the quality of life of those individuals is an increasingly important issue for firms to address.In recent years City practices have had to contend with both accountants and US law firms poaching their key players. In order to compete with ...
Martin Warren looks at the implications of the new "Fairness at Work' White Paper. Martin Warren is an employment partner at Eversheds.Employment lawyers are having to come to terms with one of the most significant papers to emerge from the Labour government.The "Fairness at Work" White Paper has taken 12 months to propose the implementation of a 22-word sentence ...
Recruitment firms are reporting a demand for insolvency experts, says Mike Yuille.Demand for insolvency lawyers is picking up, seemingly in preparation for what many expect will be an increase in company collapses next year due to growing global economic difficulties.This renewed demand is taking two forms: demand for experienced big hitters, who can bring much-needed visibility to the handful of large firms which lack a high profile in the business, ...
Rightly or wrongly, law firms are not renowned for offering lavish employee benefits packages to their staff. Take the case of pensions. "The majority of regional law firms do nothing at all," suggests Andrew Warwick-Thompson, an associate with consultants Bacon & Woodrow. "Staff are left to do their own thing and get ripped off."He concedes, however, that: "In the City, things are better: you tend to get small, ...
Arabella McIntyre Brown discovers that not all lawyers are willing, or able, to recognise secretaries' value. Arabella McIntyre Brown is a freelance journalist. Talk of speech recognition software that will enable lawyers to dictate straight on to their desktop computers has got equity partners excited about all the typists' salaries that they will be able to claw back. But on sober reflection, most law firms recognise that even the most sophisticated computer ...
With the legal profession becoming increasingly involved in the provision of investment advice in-house, law firms are faced with the challenge of recruiting technically qualified and culturally compatible financial advisers.Experience has shown that finding the right person can prove more time consuming and traumatic for law firms than any other aspect of the development of an in-house financial services capability.Recruiting financial services professionals ...
When the president of the Law Society rails against a Conservative government times must be hard. The generation of income, it seems, is squeezed on all sides.In the present climate it is essential to use resources efficiently and one resource vital to any organisation is its staff.The greater the importance of the resource, the greater is the potential risk to the organisation. Selection procedures still depend upon academic qualifications, ...
Duncan Calow, a solicitor at Denton Hall, says: "Working with lawyers requires special skills - like a high boredom threshold and a toner cartridge fixation."Most law firms admit that a knowledge of the law is not essential but because most legal secretaries specialise they will eventually acquire a basic grasp of their particular field. Many law firms agree that this is particularly the case in property departments.In larger firms the ...
Most UK law firms have no male legal secretaries and the few men who are hired generally work for female partners. According to a legal recruitment executive at a major employment agency, only 2 per cent of the applications for legal secretaries come from men."We only get one or two applications a year from men and both were placed with female partners. For a long time in England it was an old boys' school network. When you come across a male secretary it ...
'London legal market crashes as North West takes over'. OK, not really. But do you remember the 1980's TV advert for cross-channel ferries, voice-over by Kenneth Williams, where one family is seen motoring happily along the empty, scenic M62 towards a waiting ferry in Hull, contrasted with a group of bickering South Easterners stuck in an horrendous traffic jam outside Dover? Such is the perceived difference in quality of life by lawyers in the ...
LAWYERS must change their approach to legal practice and compete for work with paralegals if they want to retain the bulk of their business, a new report says.Released by the ABA commission on non-lawyer practice, the report says paralegals have a "greater role to play" in providing legal services and lawyers must find better ways to meet the needs of people on moderate incomes.It suggests lawyers put offices in shopping malls, offer ...
As many lawyers will be aware, employment trends have changed dramatically in the past couple of years; job security is no longer guaranteed and employers are increasingly recruiting staff on a contract basis. The flexibility which the short-term market offers is highly attractive to employers, enabling them to deal more effectively with unpredictable workloads and fluctuating staff levels. In these circumstances many organisations are unwilling to commit long-term.
The hard lesson of the recession that no one can rely on a job for life has created a highly competitive and challenging recruitment market within the legal profession.Headlines in The Lawyer over the last few months give an insight into high-profile moves which have sent shock waves through the profession: 'Sinclairs shipping team sails to rival'; 'Couderts pair defect to Hammonds'; 'US firm grabs Dentons tax head'; 'TKB woos Nabarros''.
The Midlands has faired comparatively well during the recession with most of the larger commercial firms continuing to recruit throughout the last three to four years.This buoyancy has been due mainly to the shake-out in the London market. With many high calibre solicitors entering the recruitment arena, Midlands firms have been able to strengthen their profiles in key areas and are now attracting work nationwide - including the City.Recently there has been ...
Recruitment in the South East has tended to focus on specialist areas. Much of the external recruitment in the region in the last three years has been at senior level - attracting highly qualified lawyers with the aim of developing niche markets. This has largely proved successful.Areas in demand include personal injury, medical negligence, childcare and local authority work, financial services and corporate/commercial. The most encouraging sign from all counties ...