Category Archives: Contracts of employment

Case update (1): Employment status – ‘Self-employed’ private hire drivers

private hire drivers
Summary: Were private hire drivers ‘workers’ or independent contractors as provided under the terms of their Driver Contract? ‘Workers’, said the EAT in the case of Addison Lee Ltd v Lange and others, available here. Facts:  The claimants were all private hire drivers engaged by Addison Lee. As part of the agreement between Addison Lee…
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Case update (2): Contracts of employment – Long-term disability benefits

depression
Summary:  Is there an implied term that an employer will not dismiss an employee for incapability if that would frustrate entitlement to long-term disability benefits? Yes, on the facts, held the EAT in Awan v ICTS available here. Facts:  Mr Awan, the employee, commenced employment with American Airlines, the employer, as a security agent at…
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Case update (3): Employer’s liability – when the (Christmas) party’s over

christmas party
Summary:  Was employer vicariously liable for its managing director’s assault on an employee when drinking in a hotel bar after the company’s Christmas party? Yes, says the Court of Appeal in Bellman v Northampton Recruitment Limited, available here. Facts:  Mr Major was the Managing Director of Northampton Recruitment Ltd, the employer. A Christmas party was…
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Case update (3): Holiday pay – carry over made easy

holiday pay
Summary:  If a worker doesn’t ask to take their outstanding statutory holiday entitlement before the end of their leave year, can they be prevented from carrying it over to the next? No, unless the employer has ensured “specifically and transparently” that the worker has been given the opportunity to take the leave, held the CJEU…
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Case update (1): Employer’s liability – it’s more likely…

What do we already know? We updated you in our March 2016 Newsletter Employers liability – it’s more likely… on two Supreme Court decisions which demonstrated an increasing willingness by the courts to hold an employer liable for the actions of its staff. The Supreme Court adopted a two stage test for liability which considered…
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Case update (1): Holiday pay and voluntary overtime

holiday pay
What do we already know? We updated you in our August 2017 Newsletter Case update (3): Holiday pay and voluntary overtime on the EAT’s decision in Dudley Metropolitan Borough Council v Willetts and Others.  It was decided in this case that payments for voluntary overtime that is normally worked must be included when calculating holiday…
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Apprenticeships for Schools

picture of a college class room
The Department for Education has published a new guide for schools, available here on: what apprenticeships are; how schools can use them to benefit their workforces; and how the apprenticeship levy and public sector target apply to schools. The guide is aimed at school leaders and governing bodies in all schools in England and local…
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Case update (1): Employment status

What do we already know? We updated you in our June Newsflash Employment status and the “self-employed” plumber on the Supreme Court’s decision that a ‘self-employed’ plumber could be categorised as a ‘worker’ for employment purposes. What’s new? As promised in our above June Newsflash we provide further details of the case below. Summary:  Can…
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Newsflash: Employment status and the ‘self-employed’ plumber

self employed plumber
What do we already know? We updated you in our February 2017 Newsletter Employment status & the ‘self-employed’ plumber on the Court of Appeal’s decision in Pimlico Plumbers & Charlie Mullins v Gary Smith. The Court of Appeal decided that a plumber, Mr Smith, who was self employed for tax purposes, could nevertheless be categorised…
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Case update (3): Contracts of employment – no oral variation is lawful

What do we already know? We updated you in our July 2016 Newsletter Contracts of employment – watch out for inadvertent variations that the Court of Appeal held that an anti-oral variation clause does not prevent a valid variation by oral agreement (MWB Business Exchange Centres Ltd v Rock Advertising Ltd). No oral modification clauses…
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