Search results

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Public procurement is widely used to promote objectives of an economic, environmental and social nature, such as the economic development of disadvantaged social groups. This article elaborates a detailed taxonomy of such “horizontal” policies. This study is valuable, first, to facilitate analysis of the practical phenomenon of horizontal policies and of the policy implications of different approaches and, second, to illuminate and develop the relevant regulatory frameworks under national and international regimes. The taxonomy is based on three key distinctions between the following: 1. policies limited to securing compliance with legal requirements and those that go beyond such requirements; 2. policies applied only to the contract awarded and those that go beyond it; and 3. nine different mechanisms by which policies are implemented in the procurement process.

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

This paper aims to examine the validity of a state’s prohibition on virtual assets in the context of its global commitment to battle against money laundering.

This was empirical legal research exploring how a general lack of expertise to apply a risk-based approach in anti-money laundering strategies might have implications for invoking the Financial Action Task Force (FATF) exclusion provisions in virtual asset regulation.

Invoking the exclusion provisions for banning virtual assets without meeting the prerequisites may put the financial system at risk and make a jurisdiction’s legal obligations appear breached.

Anti-money laundering (AML) policymakers will take precautions and avoid misuse of the liberties they enjoy under FATF exclusion clauses/provisions.

The results of this study will help ensure more informed decision-making on the legal status and regulation of virtual assets.

The study helps ascertain the limits of privileges accorded to states under FATF exclusion provisions in applying global standards against money laundering.

Modern employment legislation invests the employee with important rights resulting in a greater degree of job security and improved legal protection in his employment. These rights or entitlements which are all personal in nature are divisible, for the sake of convenience, into four parts. Firstly, individual rights. These include guarantee payments, medical suspension, maternity, time off for specified activities, and the employer's insolvency. These rights are by no means exhaustive. Other rights of an individual nature as for example the right not to belong to a trade union where a closed shop is in operation; rights in connection with trade union membership; written reasons for dismissal; and so on, will be treated in the context of the discussion which will take place under the appropriate heading. Secondly, it is proposed to examine the employees right not to be discriminated against in employment on grounds of race and sex, thirdly, his right not to be unfairly dismissed will be analysed, to be followed finally by his right to redundancy payments. In this monograph, it is proposed to examine the first of these personal rights, namely the employee's individual rights. Each of the others will be discussed in subsequent monographs. It should be noted that unlike the common law terms implied into the contract of employment which consist of duties imposed on both the employer and the employee and which can be contracted out of by an express term in the contact of employment the statutory conditions of employment cannot be dispensed with in that manner. Like the implied terms at common law, the statutory conditions of employment too form another source of contract of employment though of course they are independent in that they neither form part of the contract of employment nor of the common law rights.

The purpose of this paper is to explore and evaluate the current legal position on the admissibility and exclusion of illegally obtained evidence in money laundering cases.

A thorough exploratory analytical analysis signifies that such illegally obtained evidence from money laundering offences is admissible, provided it does not undermine the administration of justice or the right to a fair trial.

By virtue of the lack of written or codified rules governing the admissibility and exclusion of illegally obtained evidence in cases involving money laundering, the rule of admissibility remains the primary foundational principle for the governance of the admissibility and exclusion of illegally obtained evidence in money laundering cases.

The Malaysian Criminal Justice System has historically relied on the long-standing admissibility principles to admit and exclude illegally obtained evidence. For decades, courts have used their discretion to admit illegally obtained evidence based on the relevancy test, and they have further demonstrated to use the same discretion to exclude gravely prejudicial evidence. Evidence obtained illegally but if relevant to the matter in issue is deemed admissible. Evidence derived from an act associated with unlawful activities or a predicate offence in money laundering may be obtained illegally, which may influence the prosecution case and conversely, defend the accused’s rights to a fair trial.

This substantial article begins with an examination of two important grounds of discrimination: sex discrimination governed by the Sex Discrimination Act 1975 (and the related Equal Pay Act 1970) and racial discrimination under the Race Relations Act 1976. Discussion is confined to the right not to be discriminated against and covers the detailed provisions of these acts in this respect, judicial precedents and important cases heard not only in the British courts but in the European Court of Justice. The third section of the article is about discrimination in connection with trade union membership and activities governed by the Employment Protection (Consolidation) Act 1978.

The Sex Discrimination Act 1975 and the related Equal Pay Act 1970, and the Race Relations Act 1976 have not been consolidated by the Employment Protection (Consolidation) Act 1978. Each of the Acts treats sex and race discrimination in a general and broad sense. Both make similar provisions in connection with various aspects of discrimination in employment. Since one act is inspired by the other, the judicial precedent in sex discrimination cases will normally be followed in racial discrimination cases and vice versa. Both Acts are outlined and the grounds that constitute discrimination discussed as well as permissible discrimination. Enforcement of the Acts and liability is detailed. Discrimination in connection with trade union membership and activities is also examined. The right not to have action short of dismissal taken against the employee and remedies for action short of dismissal are discussed.

The paper discusses the rationale for a widespread reliance on Codes of Conduct (CoC) in European crowdfunding through the lenses of economic theories of self-regulation. By analysing the institutional design of CoCs in crowdfunding, the paper illustrates the differences in their regulatory context, inclusiveness, monitoring and enforcement. It offers the first systematic overview of substantial rules of CoCs in crowdfunding.

A comparative case study of nine CoCs in Europe is used to illustrate differences in their institutional design and discern the economic purpose of the CoC.

The institutional design of different CoCs in Europe mainly supports voluntary theories of self-regulation. In particular, the theory of reputation commons has the most explanatory power. The substantial rules of CoC in different markets show the potential sources of market failure through the perspectives of platforms.

CoCs appear in various regulatory, cultural, and industry contexts of different countries. Some of the institutional design features of CoC might be a result of these characteristics.

Crowdfunding associations wishing to develop their own CoC may learn from a comparative overview of key provisions.

For governments in Europe, contemplating creating or revising bespoke crowdfunding regimes, the paper identifies areas where crowdfunding platforms perceive market failure.

This paper is the first systematic study of self-regulatory institutions in European crowdfunding. The paper employs a theoretical framework for the analysis of self-regulation in crowdfunding and provides a comparison of a regulatory context, inclusiveness, monitoring and enforcement of different CoCs in Europe.

The purpose of this paper is to explore how S.62 LPA 1925 and its equivalent provisions in other jurisdictions have been interpreted as having the capacity to create new easements. It is intended to identify that the theoretical justification for this interpretation can be viewed as flawed, and that its practical implications are unsatisfactory. It intends to restate the need for reform and to challenge arguments that this interpretation is correct and justified.

This paper examines and analyses the origins of the principle that S.62 LPA 1925 can create new legal rights, consider similar provisions from other jurisdictions, examine recent attempts to justify the creative effect of the section and offer observations on proposals for reform.

It is found that the ability of S.62 LPA 1925 to create legal easements from precarious rights has been replicated in many jurisdictions, has been widely criticised as both incorrect in principle and problematic in practice and has been the subject of well-reasoned and workable proposals for reform for more than 40 years.

From both theoretical and property practitioner perspectives, this paper highlights the lack of justification for the principle that S.62 LPA can create easements from precarious rights, challenges the arguments for retaining the principle and offers practical proposals drawn from several jurisdictions as to how the section and its equivalent provisions abroad could be reformed.