Workers’ rights from Europe: the impact of Brexit

The independent legal opinion, commissioned by the TUC from Michael Ford QC of Old Square Chambers, identifies the dangers of Britain leaving the EU for working people and their rights at work. It lists the rights that would be most at risk of being diluted or scrapped after Brexit, and it considers the mechanisms for disapplying EU workplace laws in the UK.

Michael Ford QC’s legal opinion states: “All the social rights in employment currently required by EU law would be potentially vulnerable”. He lists those rights that he believes are most at risk post-Brexit from a government with a deregulatory agenda. They include rights to properly-paid holidays, protections for agency workers, health and safety protections, and protections from some forms of employer discrimination – such as compensation rates, and protections for pregnant workers and older workers.

Download Workers’ rights from Europe: the impact of Brexit (pdf)

Rive Gauche: Six absurd things you probably didn’t know about the UK parliament

The Independent: “Britain is looked upon by the world as a beacon of democracy. And if you consider the amount of vitriol thrown back and forth on Twitter between the Corbynites and, well, everyone else, we take our politics pretty seriously.

But behind the veneer are some pretty ridiculous traditions that underpin our democratic system. If you thought our voting system of “first past the post” – the political equivalent to an Olympic 100m final – was absurd enough, you may be surprised to learn about some of the other special traditions that prop up British politics. Frankly, you might also be embarrassed.

We pick our laws out of a goldfish bowl

Private members bills are laws suggested by a private member of Parliament (an MP) that are not part of the Government’s planned programme of legislation. These bills are not listed by manifestos, and they rarely become law – which begs the question of why we bother with them in the first place.

The interesting part? Because there isn’t time to discuss every MP’s ideas for a new law, each year the MPs who are allowed to introduce a bill are picked out of a hat – and this year they were selected from a goldfish bowl in a sort of House of Commons lottery draw.

How it can be justified to pick an issue to be debated, that could in fact become an implemented law, in a Church fete-style lucky dip? We’ll never know.

We kidnap an MP every year

During the Queen’s Speech, it is customary for an MP to be “kidnapped” and “held hostage” at Buckingham Palace. This is so the reigning monarch has a bargaining tool in case anything happens to them during their time at the Houses of Parliament.

It’s a custom more suited to the 16th Century, when the monarchy and parliament actually had serious arguments about who was in charge, but it is still carried on today. Presumably the poor MP isn’t chained to a toilet cistern with a gag ball in their mouth, but we can only hope.

Read the rest – most interesting…

Muttley Dastardly LLP (13): MD are hiring and Dr Strangelove is in the chair – The Trainee Contract Interview

Muttley Dastardly LLP interview once each year for eight trainees.  One will make the cut. Retention rates published in the legal press are of no concern to the firm’s enigmatic Director of Education, Training, Strategy and Psyops – Dr Erasmus Strangelove LLB, JD, BCL, MBA,  Ph.D, Barrister

Dr Strangelove took his seat in The Partner’s boardroom,  positioning himself not at the centre of the twenty-five feet long black polished marble table, but at the head of the table on the left hand side of the room. Five of the more senior partners had gathered in the boardroom to witness the interview. They stood, as is the practice at Muttley Dastardly LLP should Partners wish to observe, behind Dr Strangelove; their features reduced to  silhouette by the dim and carefully constructed lighting. It was still dark outside, the dawn just breaking over The City of London.

Eva Braun, the managing partner’s PA, elegant in a black tailored suit and black high heeled shoes,  walked into the darkened boardroom followed by the first interviewee of the morning, a young man with glasses who peered, slightly nervously, down the length of the  twenty-five foot long black marble table at Dr Strangelove.

“Please take a seat Mr Cholmondely-Rotherhythe… I had the opportunity of watching and hearing you….on our high definition security cameras…  introduce yourself in reception to Ms Braun when you arrived, so I trust that I am pronouncing your name correctly….in the English manner…. Chumley?”

Cholmondely-Rotherhythe sat down in the high backed Charles Rennie Mackintosh chair at the opposite end of the table.

“Yes…Rather!”  Cholmondely-Rotherhythe replied, with the enthusiasm of youth unburdened by the cares of modern legal practice.

“You have made a good start Mr Cholmondely-Rotherhythe by not making any inappropriate sexual advances to Ms Braun on arrival, you were on time and you were sober.  You would be surprised what some who apply here do at interview.”   Strangelove said, drily, tapping on his iPad to bring up Cholmondely-Rotherhythe’s Facebook page.

Cholmondely-Rotherhythe said nothing, but was clearly flustered by the question…or was it a statement?

Strangelove looked up and smiled “On the 24th December 2010, at 03.15 hours GMT, you uploaded a number of photographs of yourself onto your Facebookpage.  Is it a hobby of yours to dress as Dr Frankenfurter from The Rocky Horror Show or was this just a social event where you wished to express your inner rebel?”

Cholmondely-Rotherhythe shifted in the chair, his mouth dry.  He hesitated for a moment “Ah!  That was a Christmas Eve party…the theme was Rocky Horror.  It was my only evening off from studying law all year.”

“Excellent… that you cast yourself as a principal in that wonderful show demonstrates leadership, confidence, style, elan and……. a disregard for the mores and conventions of conservatism.  I note you went to Winchester, took a First at Oxford…you would not be here had you not….and endured the Legal Practice Course, coming first in your year at your provider of choice..and all without trying to persuade a City firm to sponsor you.  This, we take as a positive at Muttley Dastardly.  Now…tell me…. what is your view on the Court of Appeal, yesterday, removing Peter Smith J from the Mills & Reeve negligence case?  Peter Smith J fears nought…or should I saydreadsnought…. but this is not the first time he has got himself into difficulty?”

Cholmondely-Rotherhythe smiled.  He had read about the case that very morning when he got up at 3.00 am to do some final preparation on the legal news of the day.   “Fascinating case and, indeed, I believe his last tussle with a law firm was in relation to Addleshaws.  I was reading The Lawyer earlier and as far as I recall with my eidetic memory..”Peter Smith J made an unfortunate remark about abuse of process and, The Lawyer reported: “Lord Justice Lloyd made it clear that any comments made about the firm’s alleged abuse of power were “altogether unjustified” and that the firm’s “application cannot fairly be regarded as having been launched only in order to delay the resumption of the trial…..When the trial resumes, Lloyd LJ stated, it should do so under a different judge and directions should be also provided by a chancery judge other than Peter Smith J.”

Two of The Partners standing behind Dr Strangelove broke into applause and one observed “Bravo….. not to you for recalling a report in The Lawyer, young man…we expect that… but bravo to the Court of Appeal.”

Strangelove looked up at the young man twenty-five feet away. “Know any law?  At least you have been taught by people who have Ph.ds and academic experience in their subject…the modern tendency is to fill undergraduate minds with practice and business contextualisation…whatever that is,  from people who may not have actually done any business themselves or, indeed, have practised at the cutting edge of modern legal practice in a top City firm.”

“Yes, I know a fair bit of law.” Cholmondely-Rotherhythe replied confidently.

“Good.” Strangelove said with a smile “You will have an opportunity to demonstrate this to two of our Partners shortly.  They will be most interested to hear of your observations on the new Bribery Act…. a statute of some importance in The City and, certainly, to some of our more adventurous clients.  My final questions are these…. do you understand the culture of our firm? Do you understand the meaning behind our motto…Strength & Profits… in other words, do you feel you have what we will happily take from you for ten years with a view to your joining the Partners one day and enjoying those profits which form the latter part of our motto?  We insist that all our trainees join us knowing what is ahead of them….as  my Tort colleagues…. in those dim distant days when I taught law… would say… “are you Volens?”

Rive Gauche: From January 2011 – Not much changes in the ‘Law’ world…

I thought that part of my postcard this week should have a judicial theme….

First up..an interesting post from John Bolch at Family Lore on the work of Mr Justice Charles, the Family Division’s most appealed judge, apparently.

I quote from John’s excellent blog post – the full post is well worth reading:

Joshua Rosenberg has pointed out the Court of Appeal’s criticisms of Mr Justice Charles, who is apparently “the most appealed-against judge in the High Court Family Division and the one whose judgments are overturned the most”. Lord Justice Wilson said that he had spent days trying to understand the 484-paragraph judgment delivered by Mr Justice Charles, and quoted barrister Ashley Murray who had said in Family Law:

“There are certain challenges each of us should attempt in our lifetime and for most these involve a particular jump, a mountain climb, etc. Akin to these in the legal world would be reading from first to last a judgment of Mr Justice Charles.”
To which Lord Justice Wilson commented: “Mr Murray’s introductory sentences were witty and brave. In respect at any rate of the judgment in the present case, they were also, I am sorry to say, apposite.” Excellent stuff.

And then a wonderful story from The Sun…

A JUDGE let rip at “soft” Britain yesterday after he was unable to jail a burglar caught red-handed.

Seething Judge Julian Lambert hit the roof over sentencing guidelines he claimed left him hamstrung.

He said of a probation report that reflected guidance that the raider should go free: “I’ve never seen anything so wet in all my life – 80 hours community work for burgling someone’s house.”

The judge told Daniel Rogers, 25: “I very much regret sentencing guidelines which say I should not send you straight to prison. We live in soft times now.”

…. He then TRIPLED the amount of community work to 240 hours, slapped a six-month CURFEW on the crook and imposed an 18-month SUPERVISION order.

Rogers was caught trying to raid a Bristol house by the man who lived there.

Judge Lambert told him at Bristol Crown Court, where he admitted burglary: “You’ve got the lot. It may be easier for you to do the time.”

But… it is not just The Sun with the judicial stories.The Times got in on the action with no less a personage than Lord David Pannick QC having a pop at the judge who recently disgraced herself when up before the magistrates herself….

How temper tantrums and loss of judgment can dog a legal career

Lord Pannick QC writes…behind The Times paywall... but I have succumbed and subscribed…I missed The Times columnists and it isn’t that expensive even though I also buy the paper edition.

Last month a circuit judge, Beatrice Bolton, swore and stormed out of Carlisle Magistrates’ Court after being convicted of failing to control her alsatian.

It had attacked a neighbour’s sunbathing son, biting him on the leg. The Lord Chancellor and the Lord Chief Justice, who are now considering Bolton’s future on the Bench, should make sure that her new year’s resolution — “I will never sit in a court of law again” — is fulfilled.

Bolton, who sits at Newcastle Crown Court, walked out of the magistrates’ court when the verdict was announced, shouting: “I’m going. It’s a f***ing travesty”.

Moving away from the judges… I did enjoy this article from Joshua Rozenburg in The Guardian…..

DPP’s power to block war crimes arrests is in the public interest

Critics who allege that arrest decisions would be liable to political interference are deliberately misunderstanding the case

While it may appeal to Richard Dawkins and others to arrest Popes when they visit here… or Israeli government officials.. or, indeed anyone who can come within the definition of a war criminal….some would say, the odd president of the United States, former British prime ministers returning from important business counting their lecturing fees etc etc etc.. it does seem to me, at 6.35 pm on a lazy Saturday evening, a glass of Rioja to my left, that the ability to prosecute such matters should be placed in the hands of the DPP rather than left to sundry libertarians etc etc  to issue proceedings before a magistrate to obtain an arrest warrant… Rozenburg noting…“a warrant may be obtained by a private prosecutor on little more than a bare allegation that a named individual is guilty of an offence under English law.”.

The Guardian covers the story: “The director of public prosecutions has disclosed how he proposes to use unique new powers enabling him to block the arrest of visiting foreigners accused of war crimes abroad….. “

And… while Egypt blazes…according to The Sun…they did have time, today, to scream…

NEARLY 2,000 jailed thugs and perverts will get the vote under the latest Government plans, it has emerged.

I really do think that it is time for the government to implement the ECHR judgments and move on.  The alternative is that we come out of the European Convention or seek amendments. It would be rather ironic, given that British lawyers after WWII were instrumental in drafting the European Convention,  for us to say now that we don’t actually want to abide by it.Rive Gauche: From January 20111….not much changes in the law world….

Rive Gauche: A drawing of me done by a fine lady and artist….

mesmokingI have taken up smoking Marlboro Lites and Marlboro Reds  and also Richmond Menthol – a health kick thingy to supplement my return to the noble art of Smokedo at some unspecified point in the future! . I was rather taken with the knowledge that there are now 1440 references on Google for Smokedo which I invented for myself (and others)  back in 2010. Pictured left is a drawing done by a very good artist and friend of mine – Lindsey Goldsmith.  The drawing, which took 15 minutes while the artist was pissed at 3.30 am some years back – captures the very essence of my smoking technique.  I am not usually interested in images of myself – but I treasure this one because it was done at 3.30 am while the artist was roaring. I may well have been over refreshed myself at the time.

Rive Gauche: George Osbore “Looks like I picked the wrong week to give up amphetamines”

And, I suppose I should shoehorn in  something about Law…but equally bizarre…

The Guardian reports….solemnly: “The director of public prosecutions has been forced to remind chief constables that the dead cannot be charged with criminal offences, amid a huge increase in investigations into historical child abuse.

Alison Saunders issued the directive to senior officers, reminding them that only those who are living can be tried in a criminal court, because CPS lawyers are being bombarded with files of evidence from police seeking charging decisions on deceased suspects.

“Since deceased persons cannot be prosecuted, the Crown Prosecution Service will not make a charging decision in respect of a suspect who is deceased,” the guidance states. “This applies in all cases where the suspect is deceased, including cases in which the police made a referral to the CPS for a charging decision prior to the suspect’s death. The CPS will also not make hypothetical charging decisions.”

Well…I am glad that this is sorted out….we can’t waste yet more resources prosecuting people who can’t defend themselves because they are dead. Not really the British ‘thing’ ?

Rive Gauche: Explosive new evidence suggests David Cameron himself broke election laws to win in 2015

This DWP under a sickening Tory Govt is inhumane

This sickening Tory government and their simpleton lickspittle  lackeys at the DWP reckon this man with half a skull is fit for work..  I am ashamed to be British when I read of inhumane behaviour on the part of our representatives in Parliament.  Are we a third world country?  Are we so immune to the difficult plight of others that we can just ignore those who need help`?

I quote from the article:  “Kenny Bailey, who has trouble walking and needs assistance to get dressed, underwent an individual assessment requested by the Department of Work and Pensions.

They deemed he should be working despite him being paralysed down his left side and suffering from memory problems. ..”

Frankly, I am ashamed to be British when I read articles like this. Clearly, we are not the country we once were, the people we once were.  Great Britain…hardly great on this performance.

Read the rest

 

Permanent residence for EU nationals

Permanent residence for EU nationals

For EU nationals who have lived in the UK for 5 years or more, applying for permanent residence is the mandatory step prior to being able to apply for British citizenship.

What is permanent residence?

Permanent residence is the same as Indefinite Leave to Remain.

Once you have obtained permanent residence, you have the right to live, work and study in the UK without any immigration restrictions, while still holding a foreign passport and citizenship.

When can you apply for permanent residence?

You must prove at the date of application that you have more than 5 years residence in the UK. Applications made before the 5-year mark will be refused without refund of the Home Office application fee.

In the 12-month period prior to your application, you should aim to not be outside the UK for more than 90 days, and no more than 180 days in any prior consecutive 12-month period, with limited exceptions.

Do you have to take the Life in the UK Test for permanent residence?

There is no legal requirement for permanent residence applicants to take the Life in the UK test. If, however, you are looking to apply for naturalisation, the Life in the UK Test is required.

How long is the permanent residence application process?

Currently the Home Office advises that most applications take 4 – 6 months to be processed.

Do you need to submit your passport as part of the permanent residence application process?

You are required to submit your passport. However, if you require your passport for travel, we are able to certify our clients’ passports and send a copy to the Home Office. This enables you to continue to travel while your application is being processed.

Criminal convictions and permanent residence

If you have a criminal conviction in the UK, you can still apply for permanent residence.

The Home Office will review your entire residency in the UK and consider the nature and seriousness of any offence. It is imperative you make full disclosure of, for example, your past activities and length of sentence.

Note also that if you hold permanent residence status, this may be revoked if you commit an offence that could lead to you being deported from the UK, or for reasons of national security.

How long does permanent residence status last?

There is no time limit on permanent residence, but to keep your residency valid, you must adhere to a number of requirements. This includes avoiding spending periods of more than two years outside the UK, as this may lead to the loss of your permanent residence status.

DavidsonMorris is a specialist firm of Immigration Solicitors based in London and Aberdeen.

Protect your Business – Avoid a Civil Penalty for Illegal Employment

Protect your Business – Avoid a Civil Penalty for Illegal Employment

The Government is taking an increasingly strict stance toward illegal working, and has placed substantially more onus on employers to help combat illegal working in the UK. If the Home Office finds you have breached your immigration duties, you may be issued a civil penalty for illegal employment under the UK Immigration Act (Immigration, Asylum and Nationality Act 2006).

Employers’ immigration duties

All UK employers must conduct right to work checks on all employees to verify they have the necessary permissions to take up employment in the UK.

Employers found in breach of these duties face a number of consequences, with the potential to substantially impact on business operations. These include:

  • Fines of up to £20,000 per illegal worker
  • Inclusion on the Home Office list of offending employers
  • Implications for sponsor licence application and other future Home Office applications
  • Revoked business licences
  • Disqualification from National Insurance employment allowance for 12 months
  • Criminal prosecution

Be compliant, avoid a civil penalty for illegal working

The Home Office is becoming increasingly proactive in investigating employers’ immigration practices, with a growing number of site visits – both planned and unannounced – being carried out.

To ensure compliance with immigration duties and to avoid being issued a civil penalty UKBA (now ‘Visas & Immigration) notice, businesses need to understand what their duties are and how to meet them:

  • An immigration audit of HR and on-boarding systems and processes will help to identify areas of weakness and non-compliance. We are often commissioned by employers to undertake an immigration audit and provide recommendations on how to improve policies and procedures to ensure compliance with legislation. Businesses should review or audit their immigration processes at least every two years to ensure they remain compliant with the latest changes.
  • A common area of vulnerability for employers is keeping up to date with the immigration rules, as they are constantly changing. This could mean signing up to receive updates on immigration changes, and engaging with external immigration specialists for guidance.
  • Knowledge of internal teams and key personnel can be improved with immigration compliance training. Upskilling and enhancing your in-house capability through immigration compliance training will help improve efficiencies and minimise compliance risk.

The civil penalty regime applies to both employers who choose to ignore their obligations as well as employers who unknowingly hire illegal personnel, for example because of a flaw in their onboarding processes. As such, it is important to be proactive and take reasonable steps that will ensure compliance with immigration rules to avoid falling foul of Home Office scrutiny and receiving a civil penalty for illegal employment. 

DavidsonMorris is a specialist firm of Immigration Solicitors based in London and Aberdeen.

East Park Communications Law Society Magazines

Simon Castell, publisher of an extensive range of Local Law Society Magazines, has been a long time supporter of my blog.  Here is a selection of his local Law Society Magazines.  Well worth a look

EastPark Communications publish an extensive range of magazines – many for local Law Societies.  They are well produced and worth reading.  Simon Castell runs East Park Communications – so if you any publishing projects it would be a good idea to have a chat with him.  He has a lot of experience.

Other magazines published by East Park Communications

Tel 0161 5612776 / Email

 

Rive Gauche: UKIPpery in Wales….

Ex-Tory MP Neil Hamilton has performed a sensational power grab in Wales, ousting Ukip’s Welsh leader in his first act as an Assembly member.

The former minister, who in the 1990s was caught up in the cash-for questions scandal, was elected to the Welsh Assembly last Thursday as one of seven Ukip AMs.

This afternoon, Ukip Wales Leader Nathan Gill, who led the party to its greatest domestic electoral success in its history, was blocked from leading the group on the Assembly.

By four votes to three, Hamilton will be group leader – picking up an £84,000 salary in the process.

So while Hamilton leads Ukip in the Assembly, Gill will remain leader of Ukip Wales.

The coup infuriated Nigel Farage, who tried his best to stop Hamilton from even being a candidate in the election.

Read the rest of this story