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.