Bathgate v Technip [2023] CSIH: Broadening the Scope of Qualifying Settlement Agreements – Parklane Plowden Chambers

Posted March 13th, 2024 in chambers articles, contract of employment, employment, news, Scotland by sally

‘As all employment lawyers know, in order to protect them from being taken advantage of by unscrupulous employers, employees cannot ordinarily contract out of their employment rights. There are only two exceptions. They can do so in a contract of settlement made with the assistance of ACAS, known as a “COT3”, or they can do so in “qualifying settlement agreement”, but not otherwise.’

Full Story

Parklane Plowden Chambers, 12th February 2024

Source: www.parklaneplowden.co.uk

Oxford University tutors secure employee status – Solicitors Journal

Posted February 23rd, 2024 in contract of employment, employment, employment tribunals, news, universities by michael

‘The ruling highlights the power imbalance between precarious tutors and the prestigious institution, prompting calls for a re-evaluation of employment practices in higher education.’

Full Story

Solicitors Journal, 22nd February 2024

Source: www.solicitorsjournal.com

Outsourcing the problem: equal pay and local authority trading companies – Local Government Lawyer

Posted February 6th, 2024 in contract of employment, equal pay, equality, local government, news by tracey

‘Doug Mullen looks at the complex issues around equal pay that arise with local authority trading companies.’

Full Story

Local Government Lawyer, 2nd February 2024

Source: www.localgovernmentlawyer.co.uk

Case Comment: Independent Workers Union of Great Britain v Central Arbitration Committee and Anor [2023] UKSC 43 – UKSC Blog

‘In this post, Liz Jackson, Trainee Solicitor, and Max Wiktorsson, Associate, in the Employment Team at CMS, comment on the decision from the Supreme Court in Independent Workers Union of Great Britain v Central Arbitration Committee and Anor. [2023] UKSC 43. The case was heard by the Supreme Court on 25 and 26 April 2023 and judgment was handed down on 21 November 2023.’

Full Story

UKSC Blog, 23rd January 2024

Source: ukscblog.com

A blow – possibly fatal – to the IWGB’s quest for union recognition with Deliveroo – Cloisters

‘On 21 November 2023, the Supreme Court handed down its long-awaited judgment in the Deliveroo case, dismissing the appeal of the IWGB trade union. The Court confirmed that the union is not entitled to apply for statutory recognition under the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”) because its members, Deliveroo’s delivery riders (“the Riders”), are not workers within the autonomous concept under article 11 of the European Convention on Human Rights (“ECHR”).’

Full Story

Cloisters, 27th November 2024

Source: www.cloisters.com

Part-time and shift workers to lose up to £248m holiday pay in UK rule change – The Guardian

‘The government is changing how holiday days and pay are calculated for people who do not work full-time throughout the year, such as shift-workers, school employees and those on zero-hours contracts.’

Full Story

The Guardian, 8th December 2023

Source: www.theguardian.com

Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling. – Local Government Lawyer

‘Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling.’

Full Story

Local Government Lawyer, 24th November 2023

Source: www.localgovernmentlawyer.co.uk

Blow to gig economy workers after UK supreme court rules against collective bargaining rights – The Guardian

‘Deliveroo riders do not have the right to collective negotiations on pay and conditions, the UK’s top court has ruled, in a blow to gig economy campaigners and the unions that represent them.’

Full Story

The Guardian, 21st November 2023

Source: www.theguardian.com

Research Briefing: Whistleblowing and gagging clauses – House of Commons Library

Posted November 14th, 2023 in contract of employment, disclosure, employment, news, parliament, whistleblowers by sally

‘This briefing covers legal protections for workers who whistleblow at work, as well as attempts to silence workers using settlement agreements.’

Full Story

House of Commons Library, 13th November 2023

Source: commonslibrary.parliament.uk

New Acts – legisation.gov.uk

Posted September 22nd, 2023 in contract of employment, employment, legislation, Northern Ireland, terrorism by tracey

2023 c. 46 – Workers (Predictable Terms and Conditions) Act 2023

2023 c. 41 – Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

Source: www.legislation.gov.uk

Case comment: Boydell v NZP Ltd & Anor [2023] EWCA Civ 373 – Gatehouse Chambers

‘The Court of Appeal recently handed down judgment in the case of Boydell v NZP Ltd & Anor [2023] EWCA Civ 373, in which an employee challenged the High Court’s decision to sever parts of a restrictive covenant, and then grant an interim injunction enforcing the amended terms.’

Full Story

Gatehouse Chambers, 17th July 2023

Source: gatehouselaw.co.uk

Consultant paralegal was law firm ‘worker’, tribunal rules – Legal Futures

Posted August 18th, 2023 in contract of employment, employment, law firms, news, paralegals, remuneration by sally

‘A consultant paralegal was a “worker” at a law firm and could sue for unauthorised deductions from wages but was not an employee who could claim breach of contract, a tribunal has ruled.’

Full Story

Legal Futures, 18th August 2023

Source: www.legalfutures.co.uk

Former Uber driver wins payout of £20,000 owed for more than seven years – The Guardian

‘A former Uber driver has won a payout of more than £20,000 owed to him for more than seven years after a tribunal ruled the gig economy firm failed to respect minimum wage and holiday entitlement laws.’

Full Story

The Guardian, 12th July 2023

Source: www.theguardian.com

The importance of correctly identifying the relevant provision, criterion or practice (‘PCP’) and pool for comparison in any indirect discrimination claims – 3PB

Posted July 6th, 2023 in contract of employment, news, race discrimination, remuneration by sally

‘This appeal, decided on 5 May 2023, raised the question whether, under section 41 Equality Act 2010 (“EqA”), workers employed by third-party contractors could rely on the principal’s own employees as comparators in a claim of indirect race discrimination relating to rates of pay. It highlights the importance of identifying, correctly, the relevant provision, criterion or practice (“PCP”) and pool for comparison, in any indirect discrimination claim, if necessary seeking further information or disclosure from the respondent in order to do so.’

Full Story

3PB, 5th June 2023

Source: www.3pb.co.uk

Tribunal orders London borough to pay ex-director £15k+ in withheld pay – Local Government Lawyer

‘The London Borough of Croydon must pay a former director almost £15,000 in withheld pay, which it reduced while she was off sick.’

Full Story

Local Government Lawyer, 8th June 2023

Source: www.localgovernmentlawyer.co.uk

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

Full Story

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.’

Full Story

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.’

Full Story

UK Labour Law, 22nd February 2023

Source: uklabourlawblog.com