Harmony at the price of principle: the impact of Mercato Sports (UK) Limited & McKay v Everton FC [2018] EWHC 1567 (Ch) (“Mercato”) – Sports Law Bulletin from Blackstone Chambers

Posted September 7th, 2018 in agency, arbitration, contract of employment, news, sport, stay of proceedings by tracey

‘In July the High Court in Mercato considered the circumstances in which parties, not including the FA, who are subject to the FA Rules, will be bound to arbitrate disputes between them under FA Rule K. The judgment follows, and attempts to reconcile, two decisions of the same Court in 2017 on the same topic: Davies v Nottingham Forest FC [2017] EWHC 2095 (“Davies”) and Bony v Kacou & Ors [2017] EWHC 2146 (Ch) (“Bony”).’

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Sports Law Bulletin from Blackstone Chambers , 6th September 2018

Source: www.sportslawbulletin.org

The Perils of Unsigned Contracts of Employment and of Rushing to Court – Littleton Chambers

Posted August 7th, 2018 in contract of employment, injunctions, news, restrictive covenants by sally

‘There are numerous important lessons to be learned from the judgment in Tenon FM Limited v Cawley which was handed down orally on Wednesday 25th July 2018 by HHJ Bidder QC sitting as a Judge of the High Court but the main ones are:

1. Do not underestimate the difficulty of persuading a Court, even at the interim stage, to enforce restrictive covenants in a contract which the employee has not signed;

2. Where an employer is seeking to enforce restrictive covenants which it has introduced after the commencement of the employment, make sure its evidence in support sets out the consideration that was provided in respect of the same; and

3. Absent any real urgency, give the employee a genuine opportunity to respond to the employer’s concerns before issuing proceedings.’

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Littleton Chambers, 26th July 2018

Source: www.littletonchambers.com

Is an ordinand in training an employee? Gabe – Law & Religion UK

Posted July 20th, 2018 in clergy, contract of employment, news by tracey

‘In Ms F Gabe v The United Reformed Church [2017] UKET 2204367/2012, the claimant was accepted to train for the ministry of the URC as a full-time student at Westminster College, Cambridge. She was given a grant and allowances amounting to some £11,000 a year; ultimately, however, she was not ordained. On successfully concluding the course at Westminster, a trainee minister receives a “leaving certificate” from the College which will generally but not inevitably lead to the Church’s Assessment Board, when it reviews matters, determining that the candidate is fit for ordination. The candidate then has up to three years to be accepted for ordination by a Pastorate and, once accepted, he or she will be ordained.’

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Law & Religion UK, 18th July 2018

Source: www.lawandreligionuk.com

Pimlico’s legacy for self-employed contractors – Law Society’s Gazette

‘The Supreme Court judgment in the Pimlico Plumbers case has been hailed as a victory for workers in the gig economy – and a blow for organisations that rely on large numbers of ‘self-employed’ contractors. In fact, the judgment largely confirms what we already knew – that employment status must be considered on the individual facts of each case and what happens on the ground is more important than the wording of the contract.’

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Law Society's Gazette, 25th June 2018

Source: www.lawgazette.co.uk

The Pimlico Plumbers Case Matters for Workers’ Rights: Here’s Why – Rights Info

Posted June 18th, 2018 in contract of employment, news, self-employment, Supreme Court by sally

‘In a landmark decision this week, the UK’s Supreme Court held that a plumber was entitled to employment rights during his time working for Pimlico Plumbers – despite the company saying he was only a freelance contractor. RightsInfo takes a look at what impact this ruling might have on others working in the so-called ‘gig-economy’?’

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Rights Info, 15th June 2018

Source: rightsinfo.org

UK Supreme Court rejects appeal from Pimlico Plumbers in landmark gig economy case – The Independent

‘The Supreme Court has ruled that a plumber classed as self-employed was in fact a worker in a landmark case for the gig economy.’

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The Independent, 13th June 2018

Source: www.independent.co.uk

Welsh council wins appeal over whether SEN allowance was payable to teachers – Local Government Lawyer

‘A Welsh council has won an appeal over whether former teachers were entitled to be paid SEN (Special Educational Needs) allowance under their contracts. The Employment Tribunal had held that the conditions for entitlement were satisfied in each case, and accordingly, that Swansea City Council’s failure to pay SEN allowance was a breach of contract.’

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Local Government Lawyer, 2nd May 2018

Source: www.localgovernmentlawyer.co.uk

Employees win Court of Appeal dispute with council over pay increases – Local Government Lawyer

‘Nottingham City Council has lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases with effect from April 2011.’

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Local Government Lawyer, 23rd April 2018

Source: www.localgovernmentlawyer.co.uk

No Springboard Injunction for Breach of Confidence – Blackstone Chambers

‘Despite some suspect behaviour by the Defendants, the High Court refused to grant a springboard injunction to the Claimant for breach of confidence because the balance of evidence did not support the conclusion that any advantage had been gained through misuse of confidential information.’

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Blackstone Chambers, 27th November 2017

Source: www.employeecompetition.com

The death of holiday pay has been greatly exaggerated, but has the King slain Bear Scotland? – Cloisters

Posted December 8th, 2017 in contract of employment, EC law, holiday pay, news, self-employment by sally

‘Caspar Glyn QC considers the decision of C‑214/16 King v The Sash Windows Workshop Limited which was handed down today.’

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Cloisters, 29th November 2017

Source: www.cloisters.com

John Bowers QC on Employment Law – Littleton Chambers

Posted November 23rd, 2017 in contract of employment, employment, news, taxis by sally

‘The following commentary is the latest in a series of Employment Law blog posts by John Bowers QC.’

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Littleton Chambers, 20th November 2017

Source: www.littletonchambers.com

Benkharbouche: EU Law reigns supreme (for now) & other important lessons – Cloisters

‘The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals. But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, the role and significance of the Charter of Fundamental Rights of the EU (“CFREU”) and the way in which it confers a free standing route to dis-applying primary legislation as well as raising questions on the impact of Brexit. It follows that it is essential reading for employment lawyers. Jacques Algazy QC analyses these issues in this blog.’

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Cloisters, 2nd November 2017

Source: www.cloisters.com

Uber and Out: Yet Another Victory for the Rights of Uber Drivers – Oxford Human Rights Hub

‘In the UK Employment Appeals Tribunal (EAT) last week, Uber lost the latest case brought against it by its drivers. Across the world, a succession of lawsuits have sought to argue, usually with success, that Uber’s drivers are able to avail themselves of at least some of the protections of employment law. This is a welcome step towards a reconceptualization of the legal approach to eligibility for employment rights.’

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Oxford Human Rights Hub, 21st November 2017

Source: ohrh.law.ox.ac.uk

Increase in disgruntled employees stealing confidential customer data – Daily Telegraph

Posted November 20th, 2017 in contract of employment, data protection, news, statistics, theft by tracey

‘The number of High Court cases involving employees stealing confidential data has increased by 25pc in a year, according to new figures.’

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Daily Telegraph, 20th November 2017

Source: www.telegraph.co.uk

Uber loses court appeal against drivers’ rights – BBC News

Posted November 10th, 2017 in contract of employment, news, self-employment, taxis by tracey

‘Taxi firm Uber has lost an appeal against a ruling that its drivers should be treated as workers rather than self-employed.’

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BBC News, 10th November 2017

Source: www.bbc.co.uk

Oh so false Number 9s – why the law is powerless to act – A football tale for the Summer Holidays – Employment Blog

Posted August 16th, 2017 in contract of employment, news, sport by sally

‘The Premiership season may have begun but the transfer window rumbles on. We, mere supporters, have to put up with the unedifying spectacle of highly paid “want away” players requesting transfers, refusing to train, feigning injury, and generally malingering. The great Bill Shankly once said that players like these were a menace to society and that he would lock them up if he could. In these more liberal days, fans still ask why it is that a “want away” player’s contract cannot be enforced to oblige him to play. The answer is that English contract law has a rule against the compelled performance of personal services, by employees.’

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Employment Blog, 15th August 2017

Source: employment11kbw.com

Addison Lee suffers latest defeat in legal row over gig economy rights -The Guardian

‘Judge rules cycle courier should have been treated as employed worker with rights to holiday pay and the minimum wage.’

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The Guardian, 2nd August 2017

Source: www.theguardian.com

Recent Cases on the Braganza duty and the exercise of discretion: an intensification of scrutiny of the decision making process – Employment Law Blog

Posted June 16th, 2017 in contract of employment, evidence, news, remuneration by tracey

‘It used to be thought that in exercising a contractual discretion accorded to it, in relation for example to a bonus or a share plan, an employer could, so long as it addressed the matter honestly and genuinely, make subjective qualitative judgments which would only be reviewable if they were perverse or illogical. Braganza appears to have changed this.’

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Employment Law Blog, 12th June 2017

Source: employment11kbw.com

No back-peddling – workers’ rights are gaining pace in the gig economy – Cloisters

‘Following the recent decisions of the Court of Appeal in Pimlico Plumbers and the Employment Tribunals in Citysprint and Uber, companies in the gig economy suffered another blow yesterday with the decision in Boxer v Excel Group Services Limited. This case augments the growing number of judgments in which staff that are ostensibly self-employed are found to be “workers” in law, and hence entitled to basic rights such as holiday pay and rest breaks.’

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Cloisters, 24th March 2017

Source: www.cloisters.com

Plumbing the depths of employment status as the gig economy gathers steam – Cloisters

‘Akua Reindorf analyses Pimlico Plumbers v Smith in the Court of Appeal and provides a round-up of employment status reports and inquiries.’

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Cloisters, 10th February 2017

Source: www.cloisters.com