The Interim Report by Lord Justice Briggs which reached people’s desks early in the New Year fires the starting gun on fundamental changes to our Court and Employment Tribunal system. Those responsible for employment issues within their companies should be aware of the seismic change that is literally, around the corner. 

This article was first published in People Management in January 2016.

The Divisional Court has ruled (in R (P and A) v Secretary of State for Justice [2016] EWHC 89 (Admin)) that the criminal records disclosure scheme used in England and Wales is “arbitrary” and unlawful. This blog post considers the ruling from both a criminal and an employment law perspective. To give some context to the ruling, a brief summary of the statutory scheme for disclosing criminal records in England and Wales may be helpful. 

From 7 March 2016 the Senior Managers and Certification regimes will be in force. The overall aim is to improve accountability for individuals working in financial services. The UK’s Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) will require firms to map out the roles of their senior managers and to allocate responsibilities to them so as to make them individually accountable.

Ever been tempted to surreptitiously e-mail yourself a couple of documents from work, just in case? Maybe you want them as evidence of your past experience when moving roles; or maybe you think you will need to use them against your employer at some point in the future? Well don’t! And remember this case next time you are tempted.

Employment Appeal Tribunal ("The EAT"), in allowing an appeal in the case of ICTS UK Ltd v Mahdi and others, has held that subsequent events may be relevant in assessing the client’s intention as to whether or not a task was intended to be of “short-term duration”.