The Practical Lawyer


Unfavourable treatment – not ‘detriment’

The SC has confirmed that in the context of a disability claim, unfavourable treatment is not the same as detriment.
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Promotion – stable working relationship

A claimant has six months from the end of their employment to bring an equal pay claim under the Equality Act 2010. 
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Disability payments – no right to dismiss

There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit.
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Unpaid holiday – back claims

In December 2017, the ECJ held that self-employed contractors who are, in fact, workers can claim back paid annual leave going back many years once their ‘worker’ status is established. 
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IR35 – phased abolition

IR35 is designed to combat tax avoidance. It has been relied upon by end users who use independent contractors via personal services companies. 
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Incompetence – not discrimination

The CA has held that an incompetent process does not amount to discrimination.
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Uber drivers – ‘workers’

While on the subject of Uber, the CA has recently considered an appeal against the EAT decision on the status of Uber drivers.
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Non-disclosure agreements – NDAs

An NDA is a legally binding contract to not disclose confidential information. 
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Whistleblowing – staff liability?

ERA 1996 gives whistleblowing ‘workers’ these rights:
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GDPR – employers

The General Data Protection Regulation (GDPR) came into force in May 2018. The GDPR is a Europe-wide provision which aims to give individuals control over how their personal data is stored and used.
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