In Johnson-Caswell v MJB (Partnership) Ltd an employment tribunal decided that an independent financial advisor (IFA) who was purportedly self-employed was in fact an employee. In the tribunal’s view, a key element pointing to employee status was the need to comply with Financial Service Authority (FSA) requirements. The tribunal considered that the training and supervision[…]
The EAT has decided in Cordell v Foreign and Commonwealth Office that there was neither direct disability discrimination, nor a failure to make reasonable adjustments, when the FCO refused to provide a team of ‘lipspeakers’ to support a deaf employee’s proposed role in Kazakhstan. The EAT noted that, while cost is not decisive in deciding[…]
The government has today announced its plan to increase the qualifying period for unfair dismissal to two years from April 2012. It claims that this will save £6 billion for British business. For the press release go to: http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=421449&SubjectId=2
The Government believes that one of the possible barriers to growth in the labour market is the stock of existing employment regulations and the flow of new ones. With this in mind, it has issued a new consultation paper which sets out proposed reforms to the employment tribunal system, with the aim of reducing the[…]
On 1 October 2011 the Agency Workers Regulations will come into force. The Regulations entitle agency workers to certain new rights after 12 weeks in the same role. In readiness for the new Regulations here are 5 key things your organisaton needs to know: Is it just recruitment agencies that are responsible for complying with[…]
The annual statistics for employment tribunals and the EAT for April 2010 to March 2011 have been published. The statistics show an 8 per cent fall in the number of claims received by tribunals when compared with 2010, and a 9 per cent rise in the number of disposals. Conversely, the number of appeals to[…]
The EAT has decided in the case of Wray v JW Lees & Co, that whether time spent by a temporary pub manager on the employer’s premises overnight fell to be taken into account for the purpose of being paid the national minimum wage depended solely on the relevant provisions of the National Minimum Wage[…]
In Zulhayir v JJ Food Services Ltd the EAT has held that an employee was not ‘self-dismissed’ when he failed to reply to a letter stating he would be taken to have resigned unless he contacted the employer. The employment judge had followed an approach rejected by the Court of Appeal in London Transport Executive[…]
In Garside and Laycock Ltd v Booth the EAT decided that an employment tribunal was wrong in finding that it was unfair to dismiss an employee who refused to accept a pay cut. The EAT stressed that in addition to considering whether, in the circumstances (including the size and administrative resources of the employer’s undertaking)[…]
In Duncombe and ors v Secretary of State for Children, School and Families (No.2) the Supreme Court decided that teachers employed by the Secretary of State to work in European Schools overseas fell within the protection of the Employment Rights Act 1996 and could therefore claim unfiar dismissal. The Court ruled that the teachers comprised[…]