Ability to “release” job not an unfettered right to substitution, says EAT
Just in time for Christmas, we have another Employment Appeal Tribunal (EAT) decision on employment status in the gig economy: […]
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Does TUPE catch workers who aren't employees?
Yes, according to the decision in Dewhurst v Revisecatch & City Sprint. Employment Judge Joffe, sitting alone in the London Central Employment Tribunal, found that an individual who is not an employee but still falls into the category of ‘worker’ should be viewed as an ’employee’ for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). This means that such ‘workers’ are afforded the same rights and protections as ’employees’ under TUPE.
General Election 2019: What's on the ballot?
With the general election now only one week away, the largest political parties have now launched their manifestos. On the […]
Interim Relief and the likelihood of success
A recent Employment Appeal Tribunal (EAT) case considered the “likelihood of success” test in interim relief cases. What is Interim […]
Material factor continues to operate as defence to equal pay claim
A new EAT decision holds that, once justified, a material factor defence stands until a new decision on pay is […]
Covert CCTV monitoring possible without violating an employee's Article 8 privacy rights
The European Court of Human Rights (ECHR) has ruled that covert surveillance to tackle workplace theft did not breach an […]
Discrimination and harassment cases – further progress on restricting a cover-up
Before the government called a general election, there was some traction on protecting those who are most vulnerable when entering […]
When can off the record discussions be used in evidence?
Section 111A of the Employment Rights Act 1996 enables “pre-termination negotiations” to take place between an employer and employee to […]
Employment Tribunal entitled to re-label decision to dismiss
In a recent Scottish case, the Court of Session has held that an Employment Tribunal (ET) was entitled to re-label […]
Will Yodel couriers be forgotten in a no-deal Brexit?
With interesting timing, the Watford Employment Tribunal (ET) has referred a number of questions to the Court of Justice of […]
Update: FCA publishes further information on the SM&CR for solo-regulated firms
The FCA has published further information on its website for FCA solo-regulated firms, in particular sole traders, relating to the […]
Banking Standards Board publishes guidance on regulatory references
Earlier this month, the Banking Standards Board (BSB) published the final version of its statement of good practice relating to […]