Category Archives: Contracts of employment

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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Case update (1): Agency workers – Terms & conditions

picture of various workers
Summary:  Are agency workers entitled to apply and be considered for vacancies on the same terms as directly-recruited employees under the Agency Workers Regulations 2010? No, held the EAT in Angard Staffing Solutions Ltd & anor v Kocur & anor, available here. Background:  The Agency Workers Regulations 2010 (AWR) were introduced to ensure that the…
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Case update (2):  Employer’s liability – the tribunal finds nothing to laugh about in an employee’s practical joke

Summary: Is an employer liable for an employee’s practical joke that causes another person personal injury? No, says the High Court in Chell v. Tarmac Cement and Lime Ltd available here.  The incident was unconnected to any instruction given by the employer to the employee in relation to his work and could not be said…
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Government reforms (1): Non-compete clauses – consultation

reading employment contract
What do we already know? Some time ago (2016!) the Government introduced a ‘call for evidence on restrictive covenants, particularly non-compete clauses(Government reforms (1): Restrictive covenants – call for evidence).  They wanted to seek “views from individuals and employers on whether this type of restrictive practice is acting as a barrier to innovation and employment…
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Government reforms (2): Public sector exit payments – CAPS LOCK ON…

What do we already know? We updated you in our September Newsletter Government reforms: Public sector exit payments – CAPS LOCK ON… on the Government’s proposal that exit payments to public sector workers should be capped at £95,000; its response to the consultation on this; and following legislation. What’s new? The Restriction of Public Sector…
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