The Energy Saving Opportunity Scheme (ESOS) was introduced by the Energy Savings Opportunity Scheme Regulations 2014 (‘the Regulations’), which implement Article 8(4) of the EU Energy Efficiency Directive 2012. ESOS requires ‘large’ companies and non-public sector bodies to carry out a range of energy assessments, including energy audits, in order to identify where energy saving efficiencies can be made.
In ParkingEye Ltd v Beavis [2015] EWCA, the Court of Appeal held that a parking charge was not unenforceable as a penalty, neither was it unfair under consumer protection law. The High Court allowed Mr Beavis to appeal to the Supreme Court, and the appeal is expected to be heard at the end of July.
In R (AB) v Chief Constable of Hampshire Constabulary [2015] EWHC 1238 (Admin) (20 May 2015), the High Court considered whether the disclosure of safeguarding concerns by the police to a local authority designated officer (LADO) was lawful. This case is a good example of the balancing act that must be struck when considering an institution’s safeguarding responsibilities and the Article 8 rights of its employee.
On 13 May 2015, the European Court of Justice (ECJ), handed down its judgment in Lyttle and others v Bluebird UK Bidco 2 Ltd (C-182/13). The main issue was the meaning of ‘at one establishment’ and was therefore very similar to ‘the Woolworths case’. This decision confirms the judgment in the Woolworths case, ie that an ‘undertaking’ could comprise more than one ‘establishment’.
The first commencement order under the Small Business, Enterprise and Employment Act 2015 (SBEEA) has brought into force a ban on exclusivity clauses in zero-hours contracts. The SBEEA also gives the Secretary of State powers to make regulations aimed at preventing employers from attempting to avoid the ban.