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Employment

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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GDPR – special personal data

The situation relating to ‘consent’ under the GDPR becomes more complex when processing ‘special category’ personal data. 
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Unpaid work trial – guidance

Employers are required to pay the national minimum wage or national living wage to those who ‘work’ for them. 
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Most-read articles

Intestacy – statutory legacy
Wednesday, 12 February 2020
The statutory legacy under the intestacy rules has increased to £270,000 with effect from 6 February 2020. It’s the first increase since October 2014. Read more...
Unsolicited publicity – SRA guidance
Wednesday, 12 February 2020
Some practitioners were somewhat aghast to read para 8.9 in the new Code of Conduct for solicitors as follows: Read more...
Part 36 offer – includes interest
Wednesday, 12 February 2020
Part 36 is a provision of the CPR which is intended to encourage parties to settle disputes without going to trial. A Part 36 offer made by either the claimant or defendant is a tactical step... Read more...
Slipping claims – burden of proof
Wednesday, 12 February 2020
In general, the law on slipping cases is reasonably settled and straightforward. An interesting article considers a question which often arises in practice, namely whether the defendant bears an... Read more...
MEES – domestic rentals reminder
Wednesday, 12 February 2020
We last reported on the MEES Regulations in our May 2019 edition (p24). The Domestic Minimum Energy Efficiency Standard (MEES) Regulations set a minimum energy efficiency level for domestic private... Read more...
Lease to family – not a relevant disposal
Wednesday, 12 February 2020
Under s1(1) LTA 1987 L shall not make a ‘relevant disposal affecting any premises to which at the time of the disposal this Part applies’ unless it has previously served notice in accordance with... Read more...
Oral trust for third party – not binding
Wednesday, 12 February 2020
A recent CC decision is an important reminder to property practitioners to advise clients to ensure that any declaration of trust is in writing. Section 53(1)(b) LPA 1925 states that: Read more...
Civil partnerships – opposite sex
Wednesday, 12 February 2020
The Civil Partnership (Opposite-sex Couples) Regulations came into force on 2 December 2019 enabling mixed-sex couples to enter into a civil partnership, as an alternative to marriage or cohabitation. Read more...
Ethical veganism – a philosophical belief
Wednesday, 12 February 2020
A vegan is someone who does not eat or use animal products. 'Ethical' veganism is more than just not eating or using animal products – it goes beyond this in that ethical vegans try to exclude all... Read more...
Stalking – orders
Wednesday, 12 February 2020
The perpetrators of stalking can now be banned from approaching and/or contacting their victims under police powers that came into force on 20 January 2020. Under the Stalking Protection Act 2019,... Read more...

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