Working group makes 22 recommendations to tackle shortage of medical experts prepared to work with family courts – Local Government Lawyer

Posted December 6th, 2019 in contract of employment, doctors, expert witnesses, family courts, news by sally

‘A working group seeking solutions to the dearth of medical experts willing to work in the family courts has made 22 recommendations for change including a simpler process for payment and allowing courts work to be part of employment contracts.’

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Local Government Lawyer, 5th December 2019

Source: www.localgovernmentlawyer.co.uk

Law firm wrong to make solicitor pay for training course – Legal Futures

‘A law firm made an unlawful deduction of wages when it took £1,700 from the salary of a sacked solicitor turned office manager to cover the cost of a training course, an employment judge has ruled.’

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Legal Futures, December 2019

Source: www.legalfutures.co.uk

From contract to role: using human rights to widen the personal scope of employment protections – Oxford Human Rights Hub

‘The UK Supreme Court’s judgment in Gilham demonstrates how human rights can be used to widen the class of individuals who benefit from employment rights (the “personal scope” of the rights). Further, the court’s reasoning evidences a shift away from contractual thinking in labour law.’

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Oxford Human Rights Hub, 1st November 2019

Source: ohrh.law.ox.ac.uk

Gilham: breaking down the limitations on whistleblowing protection – where next? – Littleton Chambers

‘Whistleblowing protection continues to expand and develop. Even without reliance on Art.10 ECHR the Courts have not been shy of adopting what might at first appear to be a strained construction of the legislation to further the underlying policy objectives. Now the Supreme Court’s decision in Gilham v Ministry of Justice [2019] UKSC 44 has demonstrated the strength of the interpretative obligation to construe the legislation in accordance with Article 10 (or that article read with A.14 ECHR). Indeed this points to the possibility of extending the scope of protection much further. Litigation over the position of secondees, applicants, volunteers and others, as well as in relation to detriment inflicted because of a perception (justified or not) that a worker has or may be about to make a disclosure, or was associated in some way with someone else’s disclosures, can be expected. These cases will need to explore the scope of the State’s positive obligation to protect freedom of expression. They will no doubt face arguments that the necessary reading down is against the grain, or contrary to fundamental features, of the statutory provisions.’

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Littleton Chambers, 17th October 2019

Source: www.littletonchambers.com

Case Preview: Gilham v Ministry of Justice Part Two – UKSC Blog

‘Ms Gilham appealed on all three grounds. She also appears to raise the distinct but related question whether she can bring her claim as a ‘Crown employee’ within the meaning of the ERA, s191.’

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UKSC Blog, 9th October 2019

Source: ukscblog.com

Case Preview: Gilham v Ministry of Justice Part One – UKSC Blog

‘Claire Gilham is a district judge. She claims that she was subjected to various detriments as a result of making complaints about her judicial workload and the poor management of the courts.’

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UKSC Blog, 9th October 2019

Source: ukscblog.com

BBC presenters told to pay tens of thousands in back taxes as judge rules against them – Daily Telegraph

Posted September 19th, 2019 in BBC, contract of employment, HM Revenue & Customs, news, self-employment, taxation by tracey

‘Three BBC news presenters have been told to pay hundreds of thousands of pounds in back taxes, despite the High Court finding that the corporation forced them into the wrong contracts.’

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Daily Telegraph, 18th September 2019

Source: www.telegraph.co.uk

Rectification Rectified – FSHC Group Holdings Ltd v GLAS Trust Corporation Ltd – Hardwicke Chambers

‘In this key decision, the Court of Appeal gives detailed consideration to the principles underpinning various doctrines in contract to ascertain the correct test for rectification of a written instrument because of the presence of a common mistake.’

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Hardwicke Chambers, 12th August 2019

Source: hardwicke.co.uk

Illegal workers retain employee rights, court confirms – OUT-LAW.com

‘Organisations can be held liable for breaching employment contracts even if their employees have been working in the country illegally, according to the Court of Appeal in London.’

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OUT-LAW.com, 2nd August 2019

Source: www.pinsentmasons.com

Zero-hours workers may get compensation for cancelled shifts – The Guardian

‘Companies could be forced to compensate workers on zero-hours or flexible contracts for cancelled shifts, under government proposals.’

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The Guardian, 19th July 2019

Source: www.theguardian.com

Tax tribunal: presenter Lorraine Kelly not ’employee’ of ITV – OUT-LAW.com

‘TV presenter Lorraine Kelly has won an employment tax case against HM Revenue and Customs (HMRC), after the first-tier tribunal found that she was not an ’employee’ of ITV to whom the IR35 disguised employment provisions should apply.’

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OUT-LAW.com, 22nd March 2019

Source: www.out-law.com

Lorraine Kelly wins £1.2m tax case against HMRC over ITV work – BBC News

‘Lorraine Kelly has won a row over a £1.2m tax bill, after a judge ruled she was not employed by ITV, but performs as her “chatty” TV persona.’

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BBC News, 21st March 2019

Source: www.bbc.co.uk

Fleetwood Wanderers Limited v AFC Fylde Limited: a cautionary tale for arbitrators in sports law disputes – Blackstone Chambers

Posted March 15th, 2019 in arbitration, contract of employment, news, sport by sally

‘In Fleetwood Wanderers Limited (t/a Fleetwood Town Football Club) v AFC Fylde Limited [2018] EWHC 3318 (Comm), the High Court upheld a challenge to an arbitral award on the grounds of serious irregularity under section 68(2)(a) of the Arbitration Act 1996 (AA 1996). The Arbitrator had failed to inform the parties that, following the hearing, he had been in communication with The Football Association (The FA) as to the scope and content of its rules, and had in turn failed to provide either party with the opportunity to make representations on the issues raised in that correspondence.’

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Blackstone Chambers, 5th March 2019

Source: www.sportslawbulletin.org

Firms face ban on use of gagging clauses to silence whistleblowers – The Guardian

‘The government has announced proposals to prevent employers from using gagging clauses to stop people reporting criminal behaviour, harassment or discrimination to police.’

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The Guardian, 4th March 2019

Source: www.theguardian.com

Nicholas Siddall on Uber: Form, Substance and Judicial Intervention – Littleton Chambers

Posted February 19th, 2019 in appeals, contract of employment, news, self-employment, Supreme Court, taxis by sally

‘The long running saga of whether Uber drivers are workers has been decided in the Court of Appeal and a split court has granted permission to appeal. This blog analyses the differing approaches in the Court of Appeal and the arguments that are likely to be advanced before the Supreme Court.’

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Littleton Chambers, 23rd January 2019

Source: www.littletonchambers.com

The Employment Rights of Uber Drivers: A Battle Won, the War Goes On – Oxford Human Rights Hub

Posted January 16th, 2019 in contract of employment, holidays, minimum wage, news, self-employment, taxis by sally

‘The judgment of the English Court of Appeal in Uber B.V. & others v Aslam & others (Case No: A2/2017/3467; 19 December 2018) has been hailed as a victory for workers. Uber’s business model, in common with many digital platforms, depends on classifying its drivers as independent contractors, who do not enjoy the rights of “employees” or “workers”. In essence, the majority of the Court endorsed the finding of the Employment Tribunal (ET) that these contractual provisions “do not correspond with the practical reality” and that the notion of Uber in London as “a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous.”’

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Oxford Human Rights Hub, 14th January 2019

Source: ohrh.law.ox.ac.uk

Workers get new rights in overhaul but zero-hours contracts remain – The Guardian

‘The government has introduced what it claims to be the biggest package of workplace reforms for 20 years after concerns that ministers have failed to appeal to voters who are “just about managing”.’

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The Guardian, 17th December 2018

Source: www.theguardian.com

800 BBC presenters could face tax investigations, says watchdog – BBC News

‘About 800 BBC TV and radio presenters could face tax investigations over their employment status after a failure by the broadcaster to clear up its payments system, Whitehall’s spending watchdog has said. The National Audit Office said HM Revenue and Customs had opened approximately 100 investigations into BBC-related personal service companies (PSCs) after concerns were raised that they may have broken tax rules.’

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BBC News, 15th November 2018

Source: www.theguardian.com

Judge appeals for funds to fight judiciary whistleblowing ruling – The Guardian

‘Claire Gilham wants judges to have legal protections for disclosures in public interest.’

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The Guardian, 12th November 2018

Source: www.theguardian.com

Merits relevant in granting interim injunction: Berry Recruitment Limited v Brooke Donovan [2018] EWHC 2280 (QB) – Blackstone Chambers

‘An interim injunction was granted to a recruitment consultant against a former employee. Since there was a possibility that the restrictive covenant in question might expire before a speedy trial could be heard, the Judge took into account the relative merits of the claim.’

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Blackstone Chambers, 1st October 2018

Source: www.employeecompetition.com