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Employment law brief: 30 May 2013

30 May 2013 / Ian Smith
Issue: 7562 / Categories: Features , Employment
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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

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MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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