No continuing loss from law firm’s breach of contract, tribunal rules – Legal Futures

‘A trainee solicitor who never took up his job after the terms of employment were changed four days before he began work has failed in his bid for damages greater than his contractual notice period.’

Full Story

Legal Futures, 23rd May 2023

Source: www.legalfutures.co.uk

UK government plans major reforms to employment regulation – OUT-LAW.com

‘Proposals in a new policy paper published by the UK government could have a significant effect on employment regulation, according to legal experts.’

Policy paper

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OUT-LAW.com, 12th May 2023

Source: www.pinsentmasons.com

Powys: Care home firm ‘bullied’ staff to accept new conditions – BBC News

‘A care home firm has been accused of bullying staff into accepting new terms and conditions or face being fired.’

Full Story

BBC News, 16th April 2023

Source: www.bbc.co.uk

Gary Lineker wins appeal over £4.9m tax bill – BBC News

‘Sports presenter Gary Lineker has won his appeal against HMRC over a £4.9m tax bill.’

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BBC News, 28th March 2023

Source: www.bbc.co.uk

Limiting an employer’s right to dismiss on notice: Aspden v Webbs Poultry and USDAW v Tesco – by Oliver Jackson – UK Labour Law

Posted February 24th, 2023 in appeals, contract of employment, employment, news, Supreme Court, unfair dismissal by sally

‘It will come as a surprise to most lawyers to learn that a term may be implied into a contract that is inconsistent with an express term of that contract. Frankly, this proposition would probably surprise even the justices of the Supreme Court, who recently reaffirmed in Barton v Morris [2023] UKSC 3 (at [24], [25], [107], [165]-[167], and [221]) that the implication of such a term is prohibited.’

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UK Labour Law, 22nd February 2023

Source: uklabourlawblog.com

Government publishes draft ‘fire and rehire’ Code of Practice – OUT-LAW.com

‘Ed Goodwyn tells HRNews about the UK government’s proposed statutory dismissal and re-engagement code.’

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OUT-LAW.com, 2nd February 2023

Source: www.pinsentmasons.com

Government consults on statutory code to crack down on “fire and rehire” practices – Local Government Lawyer

‘The Government has unveiled a “crackdown” on controversial dismissal and re-engagement tactics through a planned statutory code of practice.’

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Local Government Lawyer, 25th January 2023

Source: www.localgovernmentlawyer.co.uk

When is a contractor not a contractor? – OUT-LAW.com

Posted January 13th, 2023 in contract of employment, contracting out, contracts, employment, news, taxation by tracey

‘It is essential that contractors, and anyone hiring contractors or consultants, in the UK understand what could give rise to UK employment law obligations.’

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OUT-LAW.com, 12th January 2023

Source: www.pinsentmasons.com

Playboy club dancer was not employed by firm, tribunal finds – Law Society Gazette

‘A nightclub dancer offered work by a consultant solicitor was not employed by his firm, an employment tribunal has ruled. The now-deceased solicitor, referred to only as AD, had approached the woman at the club and offered her a job as his personal secretary. She had a young son and was studying part-time for a graduate diploma in law.’

Full Story

Law Society Gazette, 30th September 2022

Source: www.lawgazette.co.uk

Ageism and antisemitism in employment: Dooley – Law & Religion UK

‘A classic example of how not to treat staff (or simply how not to behave in any circumstances).’

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Law & Religion UK, 3rd August 2022

Source: lawandreligionuk.com

Court of Appeal refuses injunction to enforce 12 month non-compete covenant – Blackstone Chambers

‘In Planon v Gilligan [2022] EWCA Civ 642 the Court of Appeal refused to grant an injunction to enforce a 12-month non-compete covenant that had only four months left to run by the time of the appellate hearing.’

Full Story

Blackstone's Chambers, 20th May 2022

Source: www.employeecompetition.com

Planon v Gilligan: Court of Appeal considers interim enforcement of non-competes – Littleton Chambers

‘Lucy Bone discusses the CA’s judgment in Planon v. Gilligan, which considered the correct approach to enforceability of a non-compete covenant at an interim injunction, and how to apply the second and third limbs of American Cyanamid in such cases.’

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Littleton Chambers, 17th May 2022

Source: littletonchambers.com

SDT, BTAS and other tribunals face hefty bills after appeal court ruling – Legal Futures

Posted February 28th, 2022 in appeals, barristers, contract of employment, employment, employment tribunals, news by sally

‘The Court of Appeal has upheld a ruling that a barrister who sat as a tribunal chair for the Nursing and Midwifery Council (NMC) was a “worker” and entitled to sickness and holiday pay.’

Full Story

Legal Futures, 28th February 2022

Source: www.legalfutures.co.uk

Great Ormond Street Hospital cleaners take legal action after ‘being paid less than white colleagues’ – The Independent

‘Dozens of ethnic minority cleaners are taking legal action against a world-leading children’s hospital having accused the organisation of denying them NHS contracts that would offer a higher wage as well as benefits such as overtime, sick pay, holiday pay and access to the NHS pension scheme.’

Full Story

The Independent, 27th January 2022

Source: www.independent.co.uk

Consultant solicitor was not an employee, rules employment tribunal – Law Society’s Gazette

‘A former consultant with a Midlands firm has failed to convince a tribunal that he was an employee for the purposes of making a claim.’

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Law Society's Gazette, 18th November 2021

Source: www.lawgazette.co.uk

Amazon drivers look to sue for compensation over rights – BBC News

‘A law firm is seeking to launch a group action against Amazon over employee rights for delivery drivers.’

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BBC News, 13th October 2021

Source: www.bbc.co.uk

Students used by law firm for agency advocacy are ‘workers’ – Legal Futures

‘A Bar student who handled agency advocacy work through a law firm was a worker with certain rights and not self-employed, an employment tribunal has ruled.’

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Legal Futures, 8th October 2021

Source: www.legalfutures.co.uk

When volunteers and interns may acquire employment rights – OUT-LAW.com

Posted June 28th, 2021 in contract of employment, employment, equality, news, remuneration, volunteers by tracey

‘There is no legal definition of a “volunteer” or “intern” and no specific legislation covering employer-volunteer relationships. The extent of the rights that volunteers or interns may acquire is dependent on their legal status, meaning whether they are an “employee” or a “worker” or a genuine volunteer.’

Full Story

OUT-LAW.com, 25th June 2021

Source: www.pinsentmasons.com

Solicitor unfairly dismissed for refusing Covid variation to contract – Legal Futures

‘A solicitor fired after refusing a demand to vary her contract so her firm could furlough her or reduce her wages to help it cope with the impact of Covid has won a claim for unfair dismissal.’

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Legal Futures, 15th April 2021

Source: www.legalfutures.co.uk

R.I.P Gig Economy? – 4 King’s Bench Walk

‘On February 19th, the Supreme Court dismissed Uber’s appeal upholding the decision of the Employment Tribunal: a ruling upheld both by the EAT and the Court of Appeal. Lord Leggatt’s judgment confirmed that the claimant Uber drivers were workers for the purposes of the Working Time Regulations, national minimum wage legislation, and the Employment Rights Act 1996. In a unanimous judgment, the Supreme Court sent the case back to the Employment Tribunal to determine the claims on their merits.’

Full Story

4 King's Bench Walk, 4th March 2021

Source: www.4kbw.co.uk