Category: contract of employment

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

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

Posted February 3rd, 2023 in codes of practice, consultations, contract of employment, employment, government departments, news by michael

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

Full Story

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

Posted January 26th, 2023 in codes of practice, consultations, contract of employment, dismissal, news, recruitment by sally

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

Full Story

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.’

Full Story

OUT-LAW.com, 12th January 2023

Source: www.pinsentmasons.com

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

Posted September 30th, 2022 in assault, contract of employment, employment, employment tribunals, law firms, news, solicitors by michael

‘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

Posted August 3rd, 2022 in age discrimination, compensation, contract of employment, employment, employment tribunals, equality, harassment, Judaism, news, race discrimination by tracey

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

Full Story

Law & Religion UK, 3rd August 2022

Source: lawandreligionuk.com

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

Posted May 24th, 2022 in appeals, competition, contract of employment, damages, delay, injunctions, news, restrictive covenants by sally

‘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

Posted May 19th, 2022 in appeals, competition, contract of employment, damages, delay, injunctions, news, restrictive covenants by sally

‘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.’

Full Story

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

Posted January 28th, 2022 in contract of employment, employment, employment tribunals, equality, hospitals, news, race discrimination, remuneration by tracey

‘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

Posted November 19th, 2021 in contract of employment, employment, employment tribunals, law firms, news, remuneration, solicitors by tracey

‘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.’

Full Story

Law Society's Gazette, 18th November 2021

Source: www.lawgazette.co.uk

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

Posted October 13th, 2021 in class actions, compensation, contract of employment, employment, holiday pay, minimum wage, news, self-employment by tracey

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

Full Story

BBC News, 13th October 2021

Source: www.bbc.co.uk

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

Posted October 8th, 2021 in barristers, contract of employment, employment, employment tribunals, equality, holiday pay, law firms, news, self-employment by tracey

‘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.’

Full Story

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

Posted April 16th, 2021 in contract of employment, coronavirus, employment, employment tribunals, law firms, news, solicitors, unfair dismissal by tracey

‘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.’

Full Story

Legal Futures, 15th April 2021

Source: www.legalfutures.co.uk

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

Posted April 9th, 2021 in appeals, chambers articles, contract of employment, employment, employment tribunals, news, Supreme Court, taxis by sally

‘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

Asda staff win a major victory in their equal pay claim – Mills & Reeve

Posted April 8th, 2021 in contract of employment, equal pay, news, Supreme Court, women by sally

‘In a hotly anticipated decision at the Supreme Court last week, Asda supermarket staff won a major victory in their equal pay claim against Asda. Although the ruling does not mean the approximately 35,000 claimants have won the right to equal pay, the ruling does represent a big step forward and means their claim can continue.’

Full Story

Mills & Reeve, 6th April 2021

Source: www.mills-reeve.com

After Uber: Purposive Interpretation and the Future of Contract – by Joe Atkinson and Hitesh Dhorajiwala – UK Labour Law

Posted April 1st, 2021 in contract of employment, employment, interpretation, news, Supreme Court, taxis by tracey

‘The Uber BV v Aslam [2021] UKSC 5 (“Uber (SC)”) judgment from the Supreme Court represents the final chapter in the long-running saga of determining the employment status of drivers who provided trips to passengers via the Uber app. As highlighted by Valerio De Stefano, the finding that the drivers must be classed as workers is part of a wider trend of decisions rejecting arguments that platform workers fall outside the regulatory scope of employment law. This blog considers key aspects of the Supreme Court’s reasoning, relating to the “purposive approach” and the role of contractual documentation in determining employment status, as well as some of the practical consequences of the judgment for workers.’

Full Story

UK Labour Law, 1st April 2021

Source: uklabourlawblog.com

Tribunal: Law firm’s part-time FD was worker, not self-employed – Legal Futures

Posted March 29th, 2021 in accountants, contract of employment, employment, employment tribunals, holiday pay, law firms, news by tracey

‘An accountant who acted as a law firm’s part-time finance director through a company was a worker and not self-employed, even though he had another client, an employment tribunal has ruled.’

Full Story

Legal Futures, 29th March 2021

Source: www.legalfutures.co.uk

‘A lot are sceptical’: Uber drivers’ cautious welcome over worker status – The Guardian

Posted March 19th, 2021 in contract of employment, employment, holiday pay, minimum wage, news, pensions, remuneration, taxis by sally

‘On Wednesday Uber, the taxi hailing app, began offering 70,000 UK drivers a minimum hourly wage, holiday pay and pensions after years of legal battles.’

Full Story

The Guardian, 18th March 2021

Source: www.theguardian.com