Interpreters lose MoJ race bias challenge – Law Society’s Gazette

‘The Employment Tribunal did not ’misdirect’ itself when it dismissed two interpreters’ claims for racial discrimination against the Ministry of Justice, the Court of Appeal has ruled.’

Full story

Law Society’s Gazette, 17th May 2016

Source: www.lawgazette.co.uk

Romanian sex workers challenge UK immigration policy – The Guardian

Posted May 3rd, 2016 in deportation, immigration, news, prostitution, self-employment by tracey

‘A policy aimed at deporting “high-harm” EU-national criminals and those not entitled to remain in Britain is to be challenged by Romanian sex workers who maintain they are self-employed.’

Full story

The Guardian, 1st May 2016

Source: www.guardian.co.uk

Bike couriers launch legal fight over workers’ rights – BBC News

Posted April 22nd, 2016 in employment tribunals, holiday pay, news, remuneration, self-employment by tracey

‘Four bicycle couriers are taking their companies to a tribunal in a bid to get employed workers’ rights, including paid holidays and the minimum wage.’

Full story

BBC News, 22nd April 2016

Source: www.bbc.co.uk

The Bar and shared parental leave – Cloisters

‘Since Shared Parental Leave (SPL) came into force a year ago on 5 April 2015, I have written, lectured and advised widely about this new legal entitlement. The people I have not engaged with much about SPL are barristers – for the key reason that as self-employed professionals rather than employees, they are excluded from this legal entitlement.’

Full story

Cloisters, 7th April 2016

Source: www.cloisters.com

Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm – The Guardian

Posted October 23rd, 2014 in employment, equality, news, race discrimination, self-employment, taxis by sally

‘Equalities watchdog to investigate ‘white drivers’ policy of Rochdale minicab firm.’

Full story

The Guardian, 22nd October 2014

Source: www.guardian.co.uk

Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) – WLR Daily

Betriu Montull v Instituto Nacional de la Seguridad Social (INSS) (Case C-5/12); [2013] WLR (D) 354

“Council Directives 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding and 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions did not preclude a national measure which provided that the father of a child, who was an employed person, was entitled, with the consent of the mother, who was also an employed person, to take maternity leave for the period following the compulsory leave of six weeks which the mother had to take after childbirth except where her health would be at risk, whereas a father of a child who was an employed person was not entitled to take such leave where the mother of his child was not an employed person and was not covered by a State social security scheme.”

WLR Daily, 19th September 2013

Source: www.iclr.co.uk

Barristers to be able to conduct litigation from January 2014 – Local Government Lawyer

Posted July 30th, 2013 in barristers, codes of practice, news, self-employment by sally

“Self-employed barristers will be able to apply for an extension to their practising certificate to conduct litigation from January 2014, the Bar Standards Board has said.”

Full story

Local Government Lawyer, 29th July 2013

Source: www.localgovernmentlawyer.co.uk

Updated Bar Council Taxation and Retirement Benefits Guidance – The Bar Council

Posted July 19th, 2013 in barristers, news, retirement, self-employment, taxation by sally

“The Bar Council has launched updated taxation guidance for barristers to help them manage their tax position. This coincides with changes to the tax system introduced by the Finance Act 2013, which received Royal Assent on 18 July 2013.”

Full story

The Bar Council, 18th July 2013

Source: www.barcouncil.org.uk

Child Maintenance Assessments: Self-employed non-resident parents beware! – Family Law Week

Posted January 16th, 2013 in child support, news, self-employment by sally

“Byron James, barrister, 14 Gray’s Inn Square, considers the issue of a child support officer’s unfettered discretion in child maintenance assessments of self-employed non-resident parents.”

Full story

Family Law Week, 14th January 2013

Source: www.familylawweek.com

Why church staff are keeping an eye on lap dancer ruling – The Independent

Posted November 14th, 2012 in appeals, employment tribunals, news, self-employment, unfair dismissal by sally

“A lap dancer who wants to make an unfair dismissal claim is waiting to hear whether she has won a legal fight with a firm that runs ‘gentlemen’s clubs’.”

Full story

The Independent, 13th November 2012

Source: www.independent.co.uk

Discrimination & employment status: a new or a false dawn? – Hardwicke Chambers

Posted July 10th, 2012 in employment, equality, news, self-employment by sally

“When trying to answer the question, is this claimant an employee under section 230 of the Employment Rights Act 1996 (‘ERA’)?, we at least know what tests should be applied, even if applying them can be difficult in practice. What has been harder is deciding whether someone who is not an employee under the ERA is in ’employment under… a contract personally to do work’ under the Equality Act 2010 (EqA) or its predecessors. Chris Camp considers employment status in discrimination law, in light, in particular, of the recent Supreme Court decision in Jivraj v Hashwani [2011] UKSC 40.”

Full story

Hardwicke Chambers, 5th July 2012

Source: www.hardwicke.co.uk

Lap dancer Nadine Quashie: Why I took on Stringfellows – The Guardian

Posted June 19th, 2012 in employment, news, self-employment, sex establishments, unfair dismissal by sally

“Her landmark legal battle against the nightclub could bring radical changes in employment rights.”

Full story

The Guardian, 18th June 2012

Source: www.guardian.co.uk

Lap dancer wins landmark employment ruling – The Independent

“A lap dancer has won the right to be considered an employee in a decision that could affect thousands of performers in the industry.”

Full story

The Independent, 27th April 2012

Source: www.independent.co.uk

Big Issue seller wins right to claim housing benefit – The Guardian

Posted January 18th, 2012 in benefits, housing, local government, news, self-employment by sally

“A Big Issue seller is claiming victory in a landmark case to have her work classed as a proper job and thus be eligible for extra benefits.”

Full story

The Guardian, 17th January 2012

Source: www.guardian.co.uk

Lap dancer wins right to take Stringfellows to employment tribunal – The Guardian

Posted November 21st, 2011 in employment tribunals, news, self-employment, unfair dismissal by tracey

“The rights of thousands of women working as lap dancers are to be tested after a judge ruled that an appeal tribunal should establish whether Stringfellows ’employed’ its performers.”

Full story

The Guardian, 18th November 2011

Source: www.guardian.co.uk

Unworkable employment law – it’s time for reform! – Halsbury’s Law Exchange

Posted November 4th, 2011 in EC law, employment, news, self-employment by tracey

“Last week Stephen Levinson wrote about the law making process, and in particular the problems which bedevil the creation of employment law.

These are all valid points, and no doubt applicable to many other areas of law. I would venture to add two further points.”

Full story

Halsbury’s Law Exchange, 2nd November 2011

Source: www.halsburyslawexchange.co.uk

Oguz v Secretary of State for the Home Department (Centre for Advice on Individual Rights in Europe intervening) – WLR daily

Posted July 29th, 2011 in appeals, EC law, immigration, law reports, self-employment by tracey

Oguz v Secretary of State for the Home Department (Centre for Advice on Individual Rights in Europe intervening) C-186/10;  [2011] WLR (D)  259

“Article 41(1) of the Additional Protocol, signed on 23 November 1970 at Brussels and concluded, approved and confirmed on behalf of the Community by Council Regulation (EEC) No 2760/72 (OJ 1973 C 113 p17), had to be interpreted as meaning that it could be relied on by a Turkish national who, having leave to remain in a member state on condition that he did not engage in any business or profession, nevertheless entered into self-employment in breach of that condition and later applied to the national authorities for further leave to remain on the basis of the business which he had meanwhile established.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

R (Tilianu) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, domicile, EC law, law reports, self-employment by sally

R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397; [2010] WLR (D) 320

” ‘Employment’ within the meaning of art 7(3)(b) and (c) of Directive 2004/38/EC did not include self-employment, with the result that an EU citizen who was no longer self-employed did not retain the status of worker and had no right to reside.”

WLR Daily, 9th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Lee – WLR Daily

Posted June 28th, 2010 in appeals, law reports, medicines, pharmacists, self-employment by sally

Regina v Lee [2010] EWCA Crim 1404; [2010] WLR (D) 160

“The offence under s 85(5)(b) of the Medicines Act 1968 of selling or supplying a medicinal product which was misleadingly labelled or marked in respect of the nature or quality of the product, where such sale or supply was done by a person ‘in the course of a business carried on by him’, could not be committed by a person who was merely employed or engaged by the business which carried out the sale or supply, but was committed by the employer, namely the person or body carrying on the business.”

WLR Daily, 25th June 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd – Times Law Reports

Enfield Technical Services Ltd v Payne Grace v B. F. Components Ltd

Court of Appeal

“Where an employee had been treated as self-employed but was later found to have been employed, he was not necessarily precluded from claiming unfair dismissal on the ground of illegality, since in order for a contract of employment to be unlawfully performed there had to be some form of misrepresentation as to the facts.”

The Times, 2nd June 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.