header-logo header-logo

30 May 2013 / Ian Smith
Issue: 7562 / Categories: Features , Employment
printer mail-detail

Employment law brief: 30 May 2013

employment_smith

Ian Smith considers spent convictions, TUPE transfer affected employees & the enforceability of collective agreements

The decision of Keith J in A v B UKEAT/0025/13 explores an unusual element of the Rehabilitation of Offenders Act 1974 which hitherto has not surfaced significantly in the employment sphere. Section 4 provides for the normal rules on convictions becoming spent and so not adduceable in evidence. There has been significant lengthening over recent years of the categories of exceptions in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (SI 1975/1023), but this case concerned a general exception in s 7(3) which provides: “If at any stage in any proceedings before a judicial authority in Britain…the authority is satisfied, in the light of any considerations which appear to it to be relevant…that justice cannot be done in the case except by admitting or requiring evidence relating to a person’s spent convictions or to circumstances ancillary thereto, that authority may admit or, as the case may be, require the evidence in question notwithstanding the provisions

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll