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Russell & Ors v Transocean International Resources Ltd & Ors - leave cannot come out of a "rest period" but need not be taken out of working time
Cases - Other - 19/10/10
There is no rule that entitlement to annual holiday must come out of working time, only that it cannot come out of "rest periods" as strictly defined in the Working Time Regulations 1998 - any other conclusion produces absurd results in the case of "shut-down trades" and teachers who, for example, could insist on taking holiday during term time.
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Employers' Liability Insurance "Trigger" litigation - mesothelioma
Cases - Other - 08/10/10
Employers' liability insurance clauses for a given insurance year which provide for when an injury was "sustained" (i.e. "occurred") will not cover those who were exposed to asbestos in that given insurance year and many years later develop mesothelioma as a result of that exposure.
In contrast, employers' liability insurance clauses for a given insurance year which provide for when an injury was "caused" (or a disease "contracted") will cover those who were exposed to asbestos in that given insurance year and many years later develop mesothelioma as a result of that exposure. -
Spending Review
Official Press Releases - 20/10/10
The Comprehensive Spending Review does not directly concern employment law.
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Tackling fraud and error in the benefit and tax credits systems
Consultation Papers - 18/10/10
The DWP and HMRC have published a paper,'Tackling fraud and error in the benefit and tax credits systems', proposing changes effective from 2012 to the system for dealing with welfare benefit cheats.
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EAT Cause list for week beginning 18th October 2010 (inc pre-pack TUPE cases)
Cases - Employment Appeal Tribunal - 18/10/10
The EAT hearing of a significant series of cases dealing with whether the "insolvency" exemption from the TUPE regulations applies to "pre-pack" sales by administrators starts on Tuesday 19th October 2010.
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Paid Maternity Leave: European Commission to work on balanced compromise to advance mothers’ rights, following European Parliament vote
European Material - 18/10/10
The European Parliament has voted (i) to extend from 14 to 20 weeks the period for minimum maternity pay; (ii) to extend from 2 to 6 weeks the period of compulsory maternity leave; and (iii) for paternity leave pay to be at full rate of pay for two weeks.
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Lord Young's report "Common Sense - Common Safety"
Other Official Documents - 15/10/10
Lord Young's health and safety report, "Common sense, common safety" has been published.
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Quangos: "Public Bodies Reform – Proposals for Change"
Other Official Documents - 14/10/10
The government has listed quangos which are to be retained and which are to be scrapped