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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What do we already know? We updated you in our June 2017 Newsletter Discrimination and shared parental leave pay on the case of Ali v Capita Customer Management Ltd. The Tribunal decided that the employer had discriminated against its employee, on grounds of sex, by not paying him his full salary when he was on…
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Can the holiday pay rate for term-time workers be legally calculated on the basis of 12.07% of annual pay? No, says the EAT in Brazel v The Harpur Trust, available here. The EAT held that the correct method is to base the rate on a 12-week average of pay from weeks actually worked (so ignoring…
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What do we already know? We updated you in our November 2016 Newsflash Uber drivers are ‘workers’ on the Tribunal’s decision that drivers who provide services to the online taxi firm, Uber, are ‘workers’, rather than self-employed. Uber appealed the Tribunal’s decision to the EAT. What’s new? The EAT has upheld the Tribunal’s decision that…
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Summary: Was the suspension of a teacher a neutral act and, if not, did it amount to a breach of the implied term of mutual trust and confidence? No, suspension is not a neutral act and yes, an improper suspension can amount to a breach of the above implied term, says the High Court in…
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What do we already know? We updated you in our Newsflash Tribunal fees – the aftermath that the Presidents of the Employment Tribunals had issued Case Management Orders staying all Tribunal claims or applications brought in reliance on the Supreme Court’s decision to abolish Tribunal fees. What’s new? The stay on claims has been lifted…
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What do we already know? We updated you in our July Newsflash Tribunal fees unlawful – enormous impact that the Supreme Court has ruled that Tribunal fees are unlawful and have struck them down, not just with immediate effect but also back-dated to their inception in July 2013. We also described the potential for ‘historical’ claims…
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What do we already know? We updated you in our September 2016 Newsletter Case update (2): Holiday pay – What about voluntary overtime? that the Tribunal in Brettle v Dudley Metropolitan Borough Council decided that voluntary overtime payments should be included in calculating holiday pay, provided that overtime is worked with “sufficient regularity” to constitute…
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  This development will have a seismic impact on the world of Employment Tribunal claims and employers’ employment law risks. What do we already know? We updated you in our June 2016 Newsflash Tribunal fees – another decision coming… that the Supreme Court was due to hear the appeal by UNISON against the Court of…
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We updated you in our February 2017 Newsletter Government reforms (3): Employment status – reviews of the Taylor Review (launched in November 2016) which has been set up to work towards resolving the complexity of employment status. What’s new? Matthew Taylor, who is leading the Taylor Review, has put forward proposals that employers who hire…
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