The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Employment

‘Worker’ – Uber/Deliveroo

There is no doubt that the definition of ‘worker’ is the key employment law issue of our time. The Pimlico Plumbers case is due to be heard by the Supreme Court, and there is a fair chance that the Uber dispute will leap-frog the CA and be heard at the same time by the Supreme Court.

Subscribers only...
 

Restrictions – SPAs

There is a distinction to be made between restrictive covenants in an employment contract, as opposed to restrictive covenants in a shareholders agreement (often called an investment agreement) when a business is sold under a sale and purchase agreement (SPA).

Subscribers only...
 

Collective consultation – overseas

If an overseas employee has a ‘sufficiently strong connection’ with GB (and British employment law) then that employee may be able to bring an ET claim in this country.

Subscribers only...
 

Week’s pay – pension

The EAT has held that a ‘week’s pay’ must include employer pension contributions.

Subscribers only...
 

Pregnancy rights – from pregnancy

The Advocate General has given an opinion that the employment rights of pregnant women arise from the moment they become pregnant (ie even if the employee – let alone the employer – is unaware of the pregnancy!).

Subscribers only...
 

Termination payments – tax

Major changes to the taxation of termination payments come into force on 6 April 2018:

Subscribers only...
 

Grievance – confidentiality

If an employee registers a grievance against another employee then to what extent are the disciplinary processes confidential?

Subscribers only...
 

Right to work – new guidance

The Home Office has issued updated guidance on employers’ right to work checks. The changes are too detailed to list here but they reflect the increasing scrutiny being put on immigration status in the employment context.

Subscribers only...
 

Suspension – repudiatory act?

An experienced teacher was suspended pending an investigation into allegations of rough behaviour against young school children. She had only been at the school for a few weeks and had no previous experience of dealing with disruptive youngsters; she had previously asked for help but no meaningful help had been supplied. She argued that the suspension was repudiatory conduct and she therefore regarded herself as dismissed, and able to bring a constructive dismissal claim.  

Subscribers only...
 

Whistleblowing – manager’s liability?

A chief executive made whistleblowing disclosures in relation to corporate governance. Some months later, two directors agreed that he should be dismissed. The whistleblower then sued those two directors personally (as well as the company) for the losses flowing from the ‘unlawful detriments’ suffered as a result of the whistleblowing. The EAT held that those claims could proceed.  

Subscribers only...
 


Page 4 of 54

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

Resources

IAG International
MSI Global Alliance
Join the IBA now!
www.totallylegal.com
In House Lawyer