Legal news of late has come thick and fast, and last week was no exception. As we take up the slack of another working week, let’s take a moment to get our bearings with a look at three areas of recent upheaval: the Tier 2 (General) shortage occupation list; access to employment tribunals; and the application of EU human rights law in UK courts.
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I don’t know if you heard but amidst the economic doomsday, the EU Commission published a communication last week that signalled some good news for lawyers and judges all over the European Union. And by good news we mean it’s time to stock up on stationary, buy new textbooks and rekindle the passion and love for education. You can leave the school uniform at home though. Learning is a lifelong process, don’t you know?
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Now if you’ve ever stayed at a hotel, I’m sure most of the time you don’t see housekeeping. You walk into your room and everything is fresh, folded, neat and cleanly tucked away. It’s almost magical and I personally get a bit excited with the luxury, and then instantly a sense of shame washes over me. I don’t know whether it’s my social class or just my Turkish upbringing, but having other people clean up my mess feels…odd. Even when they’re paid to do it.
As a company director, the first step when considering resignation is carefully examining what the company’s Articles of Association say. The Articles may include the protocol for resignation. If the Articles do not have a step by step guide or ignore the level of detail required, then the default model Articles included in the Companies Act 1996 provide some guidance. ‘Table A’ of the guidance instructs the outgoing director to hand in a letter of resignation (dated and signed) to be provided in accordance with the requisite notice but in any event, physically provided up to the Board within 48 hours of the director’s intention to resign. Proof that this letter was sent is also a prudent measure in order to prevent any allegations that the oral resignation did not take place.
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Julia Gillard, the Australian Prime Minister, gets knocked out, but she gets back up again. Her government suffered a serious blow when the Australian High Court blocked the asylum seeker deal with Malaysia that was at the forefront of her immigration policy. If you are wondering at what point she got back up again, it was today when she announced that she had spoken to her Labor Party caucus to revise the Migration Act so it could be accepted by the High Court.
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The Australian government suffered a blow to its immigration policy when the Australian High Court rejected the deal struck up with the Malaysian government to combat migrants travelling to Australia by boat.
The deal, which caused much controversy with human rights groups, was signed last month and aimed to send 800 migrants back to Malaysia for the UN to deal with the processing of refugee claim. In return, the Australian government would accept 4,000 refugees from Malaysia over a space of 4 years, with the condition of the refugees having UN certification.
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Hiring a director or executive is an important decision but it is imperative to consider the legal rules and obligations before appointing directors to a company. It is the law for every private limited company to have at least one company director. At least one of these directors has to be an actual person rather than another company. Before appointing a director there are certain things that need to be checked.
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Ashbourne Services Management, a company in charge of 700 gym clubs, has been legally reprimanded for breaching UK consumer protection and contract law. This came as a result of the firm carrying out illegal methods to collect payment from customers, such as collecting the money themselves using dubious methods, wrongfully reporting the customers to credit reference agencies and making it impossible for customers trying to cancel their gym memberships. Consequently, many customers complained to the Office of Fair Trading and a case was launched against the company soon thereafter.
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