Category Archives: Contracts of employment

Case update (1): Personal liability of company directors

human trafficking
What do we already know? We updated you in our June 2016 Newsletter Government reforms (1): Modern slavery – dont ignore it! that a UK ‘chicken-catching’ business (DJ Houghton Catching Services Ltd) had been found civilly liable for victims of trafficking and modern slavery. It was the first legal ruling against a British gangmaster business…
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Guidance: Holiday pay

holiday pay
The Government has published guidance (available here) on how to calculate statutory holiday pay for workers without fixed hours or fixed rates of pay. The guidance is intended to help employers pay the correct amount of holiday pay for all their workers.  It is a practical guide designed to respond to specific questions employers may…
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Case update (2): Rules of suspension

suspension
What do we already know? We updated you in our September 2017 Newsflash Warning – take care with suspension! on the High Court’s decision in Agoreyo v London Borough of Lambeth.  The High Court decided that a school acted in breach of the implied term of mutual trust and confidence when it suspended a teacher…
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Government Reforms (2): Consultation on confidentiality clauses

What do we already know? Confidentiality clauses or non-disclosure agreements (‘NDA’s) serve a useful purpose in the workplace. They can be used primarily in two ways: as part of employment contracts, to protect trade secrets for example, and as part of settlement agreements, for example to allow both sides of an employment dispute to move…
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Case update (3): Employment status – Gig economy deal struck

employment status
A Tribunal decision last summer (available here), confirmed that couriers of Hermes, classed as “self employed”, were in fact workers.  Following this decision, the GMB Union and Hermes announced earlier this month (available here) that they will be offering couriers paid holiday and guaranteed wage rates.  In return couriers will have to follow the routes…
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Government reforms (2): Good work plan (response to Taylor Review) updated

employment status
What do we already know? The Taylor Review of Modern Working Practices (‘the Taylor Review’), made detailed recommendations for reform of UK employment law in respect of those who are not engaged as traditional employees, both in the “gig economy” and elsewhere.  For further detail on the background of this Review please see our updates…
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Case update (1): Employment status – UBER drivers confirmed ‘workers’

private hire drivers
We updated you in our November 2017 Newsletter Case update (1): Uber drivers are ‘workers’ on the EAT’s decision that drivers who provide services to the online taxi firm, Uber, are ‘workers’, rather than self-employed. Uber appealed against the EAT decision and the Court of Appeal has now published its decision as explained below. Summary:…
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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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