The Practical Lawyer


CV – false?

What happens if an employer discovers that an employee’s CV contains false claims? In theory, if the misrepresentation is sufficiently serious, this could amount to a breach of the implied duty of trust and confidence, thus entitling the employer to dismiss without notice.
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ACAS Code – 25% uplift?

Failure to comply with the ACAS Code of Practice can result in an uplift of as much as 25% to unfair dismissal compensation. However, it has now been made clear that this does not apply to ill health or SOSR (‘some other substantial reason’) dismissals:
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Employment – jurisdiction?

Neither ERA 1996 or EA 2010 has any provisions about territorial, or jurisdictional, scope. Thus, one has to rely on judicial guidance. There are three House of Lords or Supreme Court decisions on this:
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Disability – wide scope

The breadth of ‘disability’ is well illustrated by two recent cases:

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Industrial action – leverage campaigns?

Trade Union Act 2016 is not yet in force. It will make important changes to the rules on strike ballots, and require that employers be given 14 days’ (not seven days) notice of industrial action (see our June 2016 issue, p6).

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Director – employment status?

There can often be arguments about the employment status of a company director who holds shares in the company and thus receives dividend income. Normally, this is in the context of insolvency, with such directors arguing they are entitled to the usual employees’ rights.

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Sharing economy – ‘worker’

The expansion of the ‘sharing economy’ is challenging conventional definitions of ‘employee’ and ‘worker’. In particular, there is the argument that many of these people may be self-employed but are actually ‘workers’ and thus have statutory rights (eg national minimum wage, holiday pay, sick pay, part-time protection and auto-enrolment into pension schemes).

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Employment – workers

A traditional employment law model divides workers into employees and independent contractors. In simple terms, employees have rights, whereas independent contractors (self-employed) have none other than those stated in the contract.
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Constructive dismissal – ‘fair’?

Will a constructive dismissal always be an unfair dismissal?
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Sickness – pulling a ‘sickie’

If an employee is off sick – and is ‘pulling a sickie’ – how should that be treated by the employer? The answer is that it should be treated as ‘misconduct’ rather than ‘incapability’.
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Most-read articles

IHT – personal representatives’ liability
Thursday, 14 June 2018
PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
Courts – reductions
Thursday, 14 June 2018
The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
Thursday, 14 June 2018
Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
Damages – lost years
Thursday, 14 June 2018
A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
Thursday, 14 June 2018
A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...


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