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In the "Gig Economy": When Is a Contractor Not a Contractor?

Pimlico Plumbers Ltd & Anor v Smith [2017] EWCA Civ 51 is the latest in a series of recent cases before the U.K. courts regarding employment status in the “gig economy”. In this case, the Court of Appeal considered whether an...more

Does Long-Term Stress Amount to a Disability?

The Employment Appeal Tribunal (EAT) in Herry v Dudley Metropolitan Council UKEAT/0100/16/LA considered whether an employee’s long-term stress made him disabled for the purposes of U.K. disability discrimination law. Mr...more

Can Rest Breaks Be ‘Refused' Even If Not Requested?

The Employment Appeal Tribunal (EAT) in Grange v Abellio London Ltd [2016] UKEAT/0130/16/DA Ltd considered whether an employee must ask for a rest break before claiming to have been refused one. Mr Grange was employed by...more

Assault Following Christmas Party – Was Employer Liable?

The High Court in Bellman v Northampton Recruitment [2016] EWHC 3104 (QB) considered whether an employer was vicariously liable for an assault by a managing director after a work Christmas party. Following a work...more

Uber Drivers Are Workers, Not Self-Employed Contractors

In the case of Aslam and others v Uber BV ET/2202550/15, the Employment Tribunal considered the employment status of Uber drivers. Uber drivers brought a claim in the Employment Tribunal, alleging that they were workers,...more

Was an Employer Liable for Assault Committed by its Employee?

The Supreme Court in Mohamud v WM Morrison Supermarkets Plc [2016] UKSC 11 considered whether an employer was liable for an assault committed by one of its employees on a customer. Mr Khan worked at a petrol station...more

Warning to HR Against Over Involvement in Disciplinary Investigations

In Ramphal v Department for Transport UKEAT/0352/14, the Employment Appeal Tribunal (EAT) considered whether heavy involvement by HR in a disciplinary investigation rendered a subsequent dismissal unfair....more

Stress at Work: An Employer's Liability?

In Easton v B&Q Plc [2015] EWHC 880, the High Court considered whether an employer was liable for an employee’s psychiatric injury caused by work-related stress. Easton had been a high performing manager at B&Q for 10...more

Collective Redundancy: Meaning of "Establishment"

The Advocate General (AG) of the European Court of Justice has issued his long anticipated opinion in the case of USDAW and another v WW Realisation 1 Ltd (in liquidation) and others (C-80/14) concerning the meaning of...more

Unpaid Company Director-Shareholder was an Employee

In Stack v Ajar-Tec Ltd [2015] EWCA Civ 46, the Court of Appeal considered whether a director-shareholder, who performed work for a company without pay, was an employee....more

Employee Based in Australia Covered by UK Employment Rights

In Lodge v Dignity and Choice in Dying & Anor UKEAT/0252/14/LA, the Employment Appeal Tribunal (EAT) considered whether an employee who had voluntarily relocated to Australia but continued to work remotely for her UK-based...more

Successful Appeal Against Dismissal Automatically Revives Employment Contract

In Salmon v Castlebeck Care (Teeside) Ltd & Anor UKEAT/0304/14, the Employment Appeal Tribunal (EAT) considered whether a successful appeal against a decision to dismiss needed to be communicated to the employee in order to...more

New Rules Extend EU Jurisdiction in Employment Contract Disputes

On 10 January 2015, new rules came into force under which an EU-based employee can now bring proceedings arising out of their employment contract against their non-EU employer, even if that employer has no presence in the EU....more

Consideration for Restrictive Covenants

In Re-use Collections Limited v Sendall & May Glass Recycling Limited 2014 EWHC 3852, the High Court considered the enforceability of restrictive covenants introduced during the course of employment and in respect of which no...more

Disciplinary Proceedings and the Duty of Care

In Coventry University v Mian [2014] EWCA Civ 1275, the Court of Appeal considered whether an employer had breached its duty of care by commencing disciplinary action against an employee on the basis of a preliminary, rather...more

Acas Early Conciliation Statistics

As we reported in March this year, a new scheme came into force on 6 April 2014 which requires a prospective claimant to contact Acas (the UK employment conciliation service) before they can bring a claim in the Employment...more

US Citizen Could Not Bring Claims in the UK

In Fuller v United Healthcare Services Inc & Anor UKEAT/0464/13/BA, the Employment Appeal Tribunal (EAT) considered whether a US citizen who spent approximately half his time working in the UK could bring statutory employment...more

TUPE: Service Provision Change

In Costain Ltd v Armitage UKEAT/0048/14, the Employment Appeal Tribunal (EAT) considered the correct test to be applied to determine whether an employee's employment transferred under TUPE in the context of a service...more

Employee Resignation in Breach of Contract

Mr Rodgers worked as a broker for Sunrise Brokers LLP (Sunrise). He was subject to a 12-month notice period and enforceable post-termination non-compete restrictions. In March 2014, he accepted an offer of employment from a...more

HR Letter Had Contractual Effect

In Hershaw v Sheffield City Council UKEAT/0033/14/BA, the Employment Appeal Tribunal (EAT) considered whether a grievance outcome letter from an HR consultant setting out better terms of pay for the aggrieved employees was...more

All Change for Holiday Pay?

The European Court of Justice (ECJ) has considered whether commission payments should be taken into account when calculating holiday pay in the recent case of Lock v British Gas Trading Limited (C-539/12)....more

Resignation and Constructive Dismissal

In Chindove v William Morrisons Supermarket Plc UKEAT/0201/13/BA, the Employment Appeal Tribunal (EAT) considered whether an employee had lost the right to claim constructive dismissal because he had delayed in resigning....more

Failure to Provide Information under TUPE

In Allen & ors v Morrisons Facilities Services Limited [2013] UKEAT 0298, the Employment Appeal Tribunal (EAT) considered whether employees transferring under TUPE could bring a claim against their new employer, where the new...more

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