Case round up

first_img Previous Article Next Article Case round-up by Eversheds 020 7919 4500When is a dismissal hearing a disciplinary hearing? Heathmill Multimedia ASP Limited v D Jones & M Jones, EAT 10 June[2003] The two Jones brothers were employed by Heathmill from spring 2001. Due toHeathmill’s financial difficulties, the brothers were called to a meeting inDecember 2001. They were given one month’s notice, but were not told the reasonfor their dismissal. The tribunal found that the reason for their dismissal was redundancy, andtherefore “it was not appropriate to follow the disciplinary route in dealingwith this matter”. Nevertheless, Heathmill had breached the EmploymentRelations Act 1999 by failing to allow the workers to be accompanied at theirdismissal meeting. The meeting fell within the statutory definition of a disciplinary hearing(S13(4) ERA 1996), as a hearing that could result in the “taking of someother action in respect of a worker by his employer”, and so they shouldhave been advised of their right to be accompanied by the dismissal officer.Heathmill was ordered to pay the brothers £480 each (the statutory maximum oftwo weeks’ pay). Heathmill appealed, arguing that the meeting was not a disciplinary hearing.The tribunal had already found that as the dismissal was by reason ofredundancy, there was no question of there being any disciplinary hearing. Ifthe purpose of the meeting was simply to inform the employees that they were tobe dismissed, then it was not a ‘hearing’ of any kind, and certainly not adisciplinary hearing within the statutory definition. The appeal was allowed, and the awards were discharged. Equal pay defence Kings College London v Clark, EAT 4 June [2003] Clark was employed by Kings College as a scientific officer, grade 1. In1993, on merging with another college, Tate – a grade 3 post holder – transferredand joined Clark. TUPE applied to Tate’s transfer, and he continued to receive a higher salarythan Clark, as well as increased holiday entitlement. Clark consistentlycomplained they were engaged in ‘like work’, and should both be paid the sameamount. She brought a successful equal pay claim. The college accepted that she was employed in the same type of work as Tate.However, on appeal, it sought to challenge the tribunal’s rejection of itsdefence that the variation in pay was due to a material factor unconnected tothe difference in sex; ie, the need to preserve Tate’s terms and conditions onthe transfer of his employment in 1993. The appeal was allowed. The material factor defence had not been adequatelyconsidered by the tribunal. Although the college had undertaken a gradingreview in 1999, the employment tribunal accepted this did not break the chainof causation that stretched back to the earlier transfer, and the college’sobligations under TUPE. Related posts:No related photos. Case round upOn 14 Oct 2003 in Personnel Today Comments are closed. last_img read more

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LATEST: Leading Purplebricks’ shareholder offloads its stock

first_imgCity investment firm ToscaFund has offloaded all its shares in Purplebricks in a move that strongly suggests weakening investor confidence in the hybrid estate agency and wider industry.Prior to Friday the investment fund held 9.8% of all Purplebricks Group Plc shares, although the City wasn’t told until late yesterday about the sell-off.The fund’s interest in the company is estimated to have been worth £35 million in January when Purplebricks share price was riding relatively high at £1.17p, but on Friday would have been worth just £11.2 million.ToscaFund’s decision highlights the fast-moving nature of the stock market at the moment, as well as Purplebricks difficult position as it consumes its remaining cash reserves while waiting for the Coronavirus pandemic to pass.Over the past 11 months ToscaFund has spent million increasing its holding in Purplebricks, making it – until now – one of the most significant shareholders in the agency.City shares discussions platforms have been buzzing with speculation about why ToscaFund has ditched the shares, including that many City investors are worried that agents both large and small will not survive a prolonged lockdown.As The Negotiator reported in February, industry commentator Andrew Stanton looked into Purplebricks published accounts and predicted that the company was in a race to preserve its cash pile, something its CEO Vic Darvey strongly denied, saying its continuing operations in the UK and Canada were profitable.But the Coronavirus crisis means, like most other agents, it has seen a dramatic reduction in turnover in recent weeks.Andrew Stanton Purplebricks April 7, 2020Nigel Lewis2 commentsRobert John Eastman-Nagle, Leese & Nagle Estates Agents Ltd. Leese & Nagle Estates Agents Ltd. 7th April 2020 at 1:15 pmHow long can a dream of keeping an online estate agency model stay afloat? It takes money from clients upfront, retains this money without having to be accountable for any sales results. As long as the public kept supporting it and then then from the investment side, risk taking investors continued to see a future in it, there was alway an open cheque book for its vision.There is though, only so much money you can pump into a flawed business model of online estate agency and one has to question the ethics of how it gains its revenue.So maybe, at long last, the risk-taking public and also higher-risk-taking investors are not just starting to, but actually now smelling the coffee!Log in to ReplyDAVID C HAYWORTH, astons estate agents astons estate agents 7th April 2020 at 9:55 amThis company has always used its low fees and USP of no commission as why you should use them. Fact a low fee is a high fee if they don’t sell the property. The salesman (negotiators) are paid for new instructions. What motivation do they have to sell? Very little.PB has had millions pumped into it… and the share price keeps falling… Can’t see this business being around for much longer.Log in to ReplyWhat’s your opinion? Cancel replyYou must be logged in to post a comment.Please note: This is a site for professional discussion. Comments will carry your full name and company.This site uses Akismet to reduce spam. Learn how your comment data is processed.Related articles BREAKING: Evictions paperwork must now include ‘breathing space’ scheme details30th April 2021 City dwellers most satisfied with where they live30th April 2021 Hong Kong remains most expensive city to rent with London in 4th place30th April 2021 Home » News » Agencies & People » LATEST: Leading Purplebricks’ shareholder offloads its stock previous nextAgencies & PeopleLATEST: Leading Purplebricks’ shareholder offloads its stockThe unexpected sell-off signals City jitters about riskier investment opportunities like Purplebricks in the current climate.Nigel Lewis7th April 20202 Comments9,810 Viewslast_img read more

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Umphrey’s McGee Offers Free Stream Of Two-Night Chucktown Ball With Special Guests

first_imgTonight marks the second annual Chucktown Ball, hosted by beloved jam-rockers Umphrey’s McGee. The event is set to take place tonight and tomorrow night, September 23-24, at the North Charleston Coliseum in South Carolina. Once scheduled for the outdoor Riverfront Park, the band decided to move the event indoors instead of facing inclement weather.For those who can’t make it down to Carolina for this event, fear not! UM has paired up with TourGigs to provide a full live stream of both nights… for free! The streams will include Moon Taxi opening on night one, as well as The Floozies opening on night two, so you won’t want to miss any of the action. The music begins at 8PM approximately.The shows will be streamed through Qello Concerts. For more information about how to access the live feed, head here!last_img read more

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Dumpstaphunk Shares Thoughtful New Single “Justice” Featuring Trombone Shorty

first_imgNew Orleans legends have come together today for “Justice,” a new, politically-charged single from Dumpstaphunk that features the great Trombone Shorty. Dumpstaphunk is a band comprised of New Orleans musicians, chaired by the one and only Ivan Neville. A collaboration between Neville and Shorty is an embodiment of New Orleans itself, bringing together two Crescent City stars for the most important of causes: Justice.The track kicks off with a tight drumbeat and locks into a funky roll, energizing the song’s overall message of equality. It’s a downright groove, but the song digs deeper and cuts into the social issues that plague our modern time. “If you ask me my name, I’ll tell you the same. Justice. We’re looking for truth to save all of you. Justice.” You can download the single for free, right here.Dumpstaphunk will be coming to New York’s American Beauty for their second annual Phunksgiving Eve performance on November 23rd, bringing along the likes of Eric Krasno, Brandon “Taz” Niederauer, Nikki Glaspie and The Steel Town Horns as guest musicians throughout the night. With support from the Maurice “Mobetta” Brown Band, expect some serious grooving for the show! Tickets and more information can be found here.last_img read more

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Umphrey’s McGee Shares Pro-Shot “Bad Friday” From Missoula

first_imgPart of what makes Umphrey’s McGee so special is the various capacities they offer fans to enjoy their music. With TourGigs on the road with them most of the year, fans who are unable to attend the shows are lucky to have a multi-cam, pro-shot live stream straight to their own device. You can get a glimpse of what these couch tour experiences are like from the pro-shot videos the band shares from time to time.Today, they share “Bad Friday” from their second night in Missoula, MT performance earlier this week on March 4, 2017. You can watch The Wilma performance below:TourGigs is currently offering a very special Tour Pass that gives On-Demand viewing to all 12 West Coast tour dates in March for just $89. That’s buy 7, get 5 free for those playing at home. Replays of all 12 shows will run through the end of March to maximize your viewing time and pleasure. You can also grab each show as you go for $12.99, or a Weekend Pass for the shows being offered on any given weekend for a 15% discount. Learn more here.Setlist: Umphrey’s McGee | The Wilma | Missoula, MT | 3/4/17Set 1: All In Time > Anchor Drops > 2×2, Uncle Wally[1], Kielbasa[2], Draconian > Partyin’ PeepsSet 2: Wappy Sprayberry > Ringo, Out Of Order > Bridgeless > Bad Friday, Layla > BridgelessEncore: Booth Love[3] > All In Time[1] with Brendan and Jake on acoutics[2] with Brendan on acoustic[3] with Den teasesNotes:last Kielbasa 04.26.2002 (1,783 shows)[Produced & Filmed by C.J. Strehlow. Directed by Colin Anders][Cover photo via Jeff Kravitz]last_img read more

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New student-led public health publication looks for an edge

first_img Read Full Story A new publication based at Harvard School of Public Health (HSPH) aims to tackle tough, timely questions facing the public health community and provide a platform for debate, according to its editor and founder, newly minted HSPH graduate Andrew Boozary.The Harvard Public Health Review (HPHR) was launched on May 25 “in the spirit of the Harvard Law Review and the Harvard Kennedy School Review,” said Boozary, S.M. ’14. The new online publication is intended “as a vehicle to help readers navigate the complex world of public health, while placing a serious premium on evidence,” he said.Helming HPHR are 10 HSPH students and an advisory board of prominent HSPH faculty members, including Dean Julio Frenk. Boozary and his HPHR colleagues plan to solicit articles from students from the School, across Harvard, and eventually other universities; from faculty at Harvard and other academic institutions; and from public health leaders, policy experts, politicians, and thought leaders.“Imagine if the New England Journal of Medicine and Vox.com had a baby—that’s our vision for HPHR,” Boozary said. HPHR articles will have features similar to those of traditional journal articles—they’ll be evidence-based and footnoted—but they’ll also have a decidedly modern feel. “We’re looking for commentaries and points of view, but with evidence to inform the arguments or angles,” said Boozary.last_img read more

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U.S. Defense Secretary Visits Brazilian War College

first_imgBy Taciana Moury/Diálogo August 21, 2018 On August 14th, U.S. Defense Secretary James N. Mattis visited the Brazilian War College (ESG, in Portuguese), in Rio de Janeiro, on his first trip to Brazil. The objective was to learn about the academic institution’s procedures to adapt programs at U.S. schools. Mattis said he would visit three other war colleges in 2018: the North Atlantic Treaty Organization Defense College in Rome, as well as schools in Canberra, Australia, and Singapore. “It’s a chance to learn from each other,” he said. For Brazilian Army (EB, in Portuguese) General Décio Luís Schons, commandant of ESG, being selected was an honor. The visit, he said, revives an old relationship ESG has with U.S. institutions. “The U.S. National Defense University inspired the creation of ESG,” Gen. Schons told Diálogo. “However, they’ve changed over time, and there is much to share. We can exchange views, and analyze how defense matters are approached.” A delegation of U.S. military school leaders will travel to Brazil to carry out activities together with local institutions, Gen. Schons said. The decision was made during Mattis’s visit. “The goal is to improve knowledge and boost the academic exchange between both countries,” he said. For Gen. Schons, the visit from the defense secretary, a retired U.S. Marine Corps general, was among the highlights of the 2018 academic year, not only because of his leading position, but also because of his experience as a marine and service member. “James Mattis’s journey is a great example for all service members and civilians,” he said. During his speech to ESG professors and students, Mattis recognized the Brazilian institution as a top university in the professional military field. On September 20th, the school will receive the 2018 Perry Award from the William J. Perry Center for Hemispheric Defense Studies in Washington, D.C. The award recognizes individuals and institutions that contributed to the knowledge base of defense and security professionals, advanced a cooperative international security environment, and promoted sustainable institutional capacity in the Americas. Partnership with Brazil In his speech, Mattis highlighted Brazil’s historic partnership with the U.S., which dates back to World War II, and the importance of cooperation with Latin American countries. “We remain today focused on strengthening our military-to-military relationships because we seek that collaborative, prosperous, and secure hemisphere,” he said. “One where we individually and collectively maintain situational awareness in all domains: air, land, sea, certainly in outer space today and cyberspace. It’s a time when we share information about our environment with our neighbors.” Mattis highlighted the importance of reenergizing the defense relationship with Brazil, while building transparent, trusting, and stable strategic cooperation on existing solid bases. “We see a bright future ahead for Brazil and for our hemisphere,” said Mattis. When asked about the future of strategic relationships between both countries, Mattis said the United States will continue to contribute toward Brazil’s growth. “The country has a leading role in the Americas, both because of its vast territory and its economy, and despite recent problems, the country will continue to lead in South America,” he said. “We have a profound respect for this partner nation.” According to Brazilian Navy Captain Levi Alves da Silva, an ESG student of Advanced Policies and Strategic Studies, Mattis’s speech gave him a better understanding of current U.S. foreign policy in South America on defense matters. The speech, he added, allowed him to envision the creation of new partnerships. Bilateral agreements Mattis kicked off his visit in Brazil with a meeting with Brazilian Defense Minister Joaquim Silva e Luna in Brasília, August 13th. Topics discussed included cyberdefense cooperation and information exchange in the fight against transnational crimes. The importance of Brazil as a partner in space defense and the U.S. government’s Space Situational Awareness Agreement signed with the Brazilian Air Force were also part of the meeting agenda. According to Silva e Luna, it was a fruitful meeting. “It allowed us to align some concepts of defense in this part of the American continent,” he said. Defense leaders also addressed the Technology Safeguards Agreement concerning the U.S. use of the Alcântara Launch Center. “The terms of the safeguards agreement are being fine-tuned. The goal is to finalize it this year,” said Silva e Luna. Brazil’s Congress must approve the final version of the agreement. Admiral Eduardo Leal Ferreira, commander of the Brazilian Navy (MB, in Portuguese); General Nivaldo Rossato, commander of the Brazilian Air Force; MB Admiral Ademir Sobrinho, chief of the Joint Chiefs of Staff of the Armed Forces; and EB General Walter Braga Netto, representing the EB commander, attended the meeting.last_img read more

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Obama announces new data security proposal

first_img continue reading » ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr by: Nicholas BallasyIn a speech at the Federal Trade Commission Monday, President Obama will announce new cybersecurity proposals, including the Personal Data Notification & Protection Act, which contains a notification requirement.“This proposal clarifies and strengthens the obligations companies have to notify customers when their personal information has been exposed, including establishing a 30-day notification requirement from the discovery of a breach, while providing companies with the certainty of a single, national standard.  The proposal also criminalizes illicit overseas trade in identities,” a White House Fact Sheet said.In an effort to prevent identity theft, the White House announced that the $29 billion State Employees’ Credit Union in Raleigh, N.C., and JPMorganChase are joining the list of financial institutions offering FICO scores for free.USAA and State Employees’ Credit Union will also offer free credit scores to their members, and Ally Financial is further widening the community of companies taking this step by making credit scores available to their auto loan customers, the White House Fact Sheet said.last_img read more

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Gov. Wolf Visits WellSpan York Hospital, Thanks Staff, Discusses Mask-wearing Benefits

first_img July 21, 2020 SHARE Email Facebook Twitter Press Release,  Public Health With a recent rise in COVID cases and subsequent additional targeted mitigation efforts put in place, Governor Tom Wolf today visited WellSpan York Hospital to thank staff and emphasize why mask-wearing and social distancing are necessary and effective to fight the spread of COVID-19.“The best way to prevent our loved ones and ourselves from suffering from COVID-19 is to take preventive measures to stop the spread,” Gov. Wolf said. “That’s why Dr. Levine and I made the decision to require Pennsylvanians to wear a mask in public and it’s why more and more national companies are requiring you to wear a mask when you enter their businesses. They want their employees to stay safe, and they want you to stay safe.”On July 15, the governor and Sec. of Health Dr. Rachel Levine signed additional targeted statewide mitigation orders for bars and restaurants, gatherings and telework. These were announced after Allegheny and other counties began to see spikes in cases similar to those at the beginning of the pandemic.The governor was joined at today’s event by WellSpan president and CEO Roxanna Gapstur; Department of Health Sec. Dr. Rachel Levine; York City Bureau of Health medical director and WellSpan physician, Dr. Matthew Howie; associate professor of biology, Kinsley School of Engineering, Science, and Technology, York College of Pennsylvania, Meda Higa, Ph.D.,; and WellSpan cardiac ICU nurse, Christina Hansen.“Our 20,000 team members are the heart of WellSpan. They are truly our healthcare heroes, and our commitment to them is as strong as their dedication to our patients and communities,” said Roxanna Gapstur, Ph.D., R.N., president and CEO of WellSpan Health. “Throughout this pandemic, our dedicated team members have placed patients first – providing safe, expert and compassionate care to our friends and neighbors. And, as we’ve resumed services at our 200 locations across our six-county region, WellSpan care teams continue to deliver on our promise of providing the safest, highest quality care to our community.”“Through COVID-19 case investigations, we know much of this is attributed to spread at locations where wearing a mask is difficult and social distancing may not occur – like bars, restaurants and nightclubs,” Secretary of Health Dr. Rachel Levine said. “When conducting case investigations, public health professionals gather that list of close contacts, work to contact trace and inform those individuals of their potential exposure. As you can see contact tracing has, and always will be, a critical part and key strategy to the governor’s process of reopening Pennsylvania and an important tool to further mitigate the spread of COVID-19.”“As an evolving epidemic in Pennsylvania, COVID-19 continues to demand ongoing monitoring, assessment and adjustment in our response as a commonwealth,” said Dr. Matthew Howie, medical director of the York City Bureau of Health and WellSpan physician. “While frustrating, refinements of our approach to COVID-19, including masking, limitations in gatherings are critical to our success in limiting the spread of the novel Coronavirus in our community. Similarly, redoubling our public health efforts in case investigation and contact tracing is more important than ever. This virus is not forgiving of missteps and does not allow for time to play catch-up.”“Many times, the data supports our predictions in how we believe this virus works. Sometimes, though, we get new data that causes us to change our hypothesis and subsequently the advice we offer for how to prevent spread,” Dr. Meda Higa said. “This was the case with asymptomatic spread and mask usage. The scientific process matters, and we shouldn’t be afraid when new data causes us to change course. That is the way science works! Scientists also have the same goal as everyone else: To fight back this virus, so that we have the best chance to keep ourselves and our loved ones healthy and alive.”“I’ve been inspired by the amazing success stories I’ve seen in the COVID-19 care of our patients,” explained Christina Hansen, Cardiac ICU nurse at WellSpan York Hospital. “But COVID-19 has also inspired me to spread the word about the dangers of the disease, from what I’ve seen in the ICU and the ways this virus attacks the body. Please, it is critical that you wear your mask.”The governor’s targeted mitigation order can be found here.The secretary’s targeted mitigation order can be found here.The secretary’s order on mask-wearing can be found here.FAQs on mask-wearing can be found here.center_img Gov. Wolf Visits WellSpan York Hospital, Thanks Staff, Discusses Mask-wearing Benefitslast_img read more

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Mylan bows to pension fund pressure on use of drug in executions

first_imgA pharmaceutical company is to prevent one of its drugs from being used in lethal injections after pressure from the Dutch government and pension managers ABP and PGGM.Mylan said it would contractually prevent its distributors from selling the drug rocuronium bromide for use in lethal injections.In a statement, the company did not directly credit any one party with its decision, which followed claims its product was being acquired by a US department of corrections. The company said it never directly distributed the muscle relaxant to prisons and did not condone third-party distributors selling it for use on anything “outside of the approved labelling”. Mylan said it contacted the US correctional facility for the state of Virginia, asking for assurances the drug was not being used for anything other than its dedicated purpose, but received no reply.It then went on to demand the facility in Virginia return its product, ahead of an execution scheduled for 1 October, the state’s first in three years.“It is important to note rocuronium bromide is not approved for, labelled for or marketed for use in lethal injections,” the company said.“Mylan takes this matter seriously and will continue to work with distributors and other interested parties to ensure its products are used appropriately.”Peter Borgdorff, director of Dutch healthcare scheme PFZW, applauded Mylan for listening to the concerns of its shareholders.“We are convinced this step will have a positive contribution to the reputation of a company that has an important contribution to medical care in the Netherlands and the rest of the world,” he said. Eloy Lindeijer, chief investment manager at PFZW’s asset manager PGGM, said its approach to responsible investment meant it occasionally engaged in “intensive and at times elaborate” discussions, and cited Mylan’s decision as a successful example of its ESG policy.Fellow pension manager ABP earlier this year announced that it sold its stake in the company after unsuccessful talks with Mylan.Its decision followed a report by UK human rights charity Reprieve that purported to show the Virginia correctional system stocking the drug, a report that led to the Dutch Ministry of Foreign Affairs engaging with the pharmaceutical.ABP has previously engaged with pharmaceutical company Hospira over one of the company’s products being used in lethal injections, efforts that were also prompted by Reprieve.last_img read more

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