‘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’?’
Rights Info, 15th June 2018
Source: rightsinfo.org
‘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.’
The Independent, 13th June 2018
Source: www.independent.co.uk
‘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.’
Local Government Lawyer, 2nd May 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 23rd April 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
Blackstone Chambers, 27th November 2017
Source: www.employeecompetition.com
‘Caspar Glyn QC considers the decision of C‑214/16 King v The Sash Windows Workshop Limited which was handed down today.’
Cloisters, 29th November 2017
Source: www.cloisters.com
‘The following commentary is the latest in a series of Employment Law blog posts by John Bowers QC.’
Littleton Chambers, 20th November 2017
Source: www.littletonchambers.com
‘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.’
Cloisters, 2nd November 2017
Source: www.cloisters.com
‘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.’
Oxford Human Rights Hub, 21st November 2017
Source: ohrh.law.ox.ac.uk
‘The number of High Court cases involving employees stealing confidential data has increased by 25pc in a year, according to new figures.’
Daily Telegraph, 20th November 2017
Source: www.telegraph.co.uk
‘Taxi firm Uber has lost an appeal against a ruling that its drivers should be treated as workers rather than self-employed.’
BBC News, 10th November 2017
Source: www.bbc.co.uk
‘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.’
Employment Blog, 15th August 2017
Source: employment11kbw.com
‘Judge rules cycle courier should have been treated as employed worker with rights to holiday pay and the minimum wage.’
The Guardian, 2nd August 2017
Source: www.theguardian.com
‘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.’
Employment Law Blog, 12th June 2017
Source: employment11kbw.com
‘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.’
Cloisters, 24th March 2017
Source: www.cloisters.com
‘Akua Reindorf analyses Pimlico Plumbers v Smith in the Court of Appeal and provides a round-up of employment status reports and inquiries.’
Cloisters, 10th February 2017
Source: www.cloisters.com
‘Caspar Glyn QC considers the Court of Appeal’s judgment today that an employee can be summarily dismissed for negligence and that a wrongfully dismissed employee cannot normally maintain an ongoing claim for wages.’
Cloisters, 24th January 2017
Source: www.cloisters.com
‘Ian Smith examines the recent cases that have been driving employment law.’
New Law Journal, 18th November 2016
Source: www.newlawjournal.co.uk
‘… they do, however, faithfully and diligently discharge their office and can be, of course, in an employment relationship.’
Cloisters, 31st October 2016
Source: www.cloisters.com
‘Junior doctors have lost their High Court case against their new staffing contract one week before it is to be imposed on them.’
The Independent, 28th September 2016
Source: www.independent.co.uk
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