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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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Blackstone's Chambers, 20th May 2022

Source: www.employeecompetition.com