Category Archives: Contracts of employment

Case update (3): Vicarious liability 

What do we already know?  We updated you in our December 2020 Newsletter Case update (2): Employer’s liability – the tribunal finds nothing to laugh about in an employee’s practical joke that the High Court in Chell v Tarmac Cement and Lime Ltd found that an employer was not liable for an employee’s practical joke…
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Case update (1): Holiday pay

holiday
What do we already know? We updated you in our 2021 Newsletter Issue 3 Case update (4): No carry over for taken unpaid leave on the EAT’s decision in Smith v Pimlico Plumbers that claims for unpaid holiday had to be brought within three months of when the holiday should have been paid. What’s new?…
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 Case update (1): Worker status and substitution

cycle courier
Summary:  Does a courier’s ability to use an app to release their time-slot to other couriers (from the same company) provide sufficient right of substitution to defeat a claim to worker status? No, says the Court of Appeal in Stuart Delivery Ltd v Augustine available here. Background: The law groups staff as employees, workers or…
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Government reforms (5):  ACAS Guidance – Fire and rehire

reading employment contract
What do we already know? The practice of fire and rehire (also known as ‘dismissal and re-engagement’) is a way in which an employer can change terms within employees’ contracts of employment by giving notice to terminate and offering re-employment on new terms. This strategy is generally used as a last resort where the change…
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Case update (2): Employment status – Worker or self-employed?

reading employment contract
Summary:  Does an individual need to be offered and accept a minimum amount of work in order to be a ‘worker’? No, says the EAT in Somerville v Nursing & Midwifery Council (available here). Background:  The law groups staff as either employees, workers or self-employed and provides different levels of protection. Employees have the most…
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Government reforms (4): ACAS report – Fire and rehire

What do we already know? The practice of fire and rehire (also known as ‘dismissal and re-engagement’) is a way in which an employer can change terms within employees’ contracts of employment by giving notice to terminate and offering re-employment on new terms. This strategy is generally used as a last resort where the change…
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Case update (4):  Holiday pay – No carry over for taken unpaid leave

holiday
Summary:  Are workers who are denied holiday pay, but take unpaid leave, entitled to a payment in lieu on termination where the claim would otherwise be out of time? No, says the EAT in Smith v Pimlico Plumbers available here. Background:  In King v Sash Windows the CJEU held that workers denied annual leave (including…
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Case update (1): Employment Status – Uber drivers confirmed ‘workers’

private hire drivers
What do we already know? We updated you in our January 2019 Newsletter Case update (1): Employment status – UBER drivers confirmed ‘workers’ on the Court of Appeal’s decision in Uber v Aslam that drivers who provide services to the online taxi firm, Uber, are ‘workers’, rather than self-employed. Uber appealed to the Supreme Court…
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Case update (3):  Confidential information – Accept with care

Summary:  What is the correct legal test to decide if an employer owes an obligation of confidence when receiving information? The Court of Appeal held that the correct test is whether a reasonable person in the position of the recipient would have notice that the information, or some of it, may be confidential to another…
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Government reforms: Public Sector Exit Payments

What do we already know? The Restriction of Public Sector Exit Payments Regulations 2020 (the Regulations) came into force on 4 November 2020.  For further information see our December 2020 Newsletter Government reforms (2): Public sector exit payments – caps lock on… What’s new? The Government has disapplied the exit payment cap and will be…
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