Hello and welcome to our bumper newsletter to take you in to the Bank Holiday weekend. Worker Status First up is the Uber case. The Supreme Court rejected Uber’s appeal and held all Uber’s drivers were workers. Workers have fewer employment rights than employees but are still entitled to: The National Minimum Wage. All [...]
Where shielding employees can work from home, they should. Where they can’t, government advice is that they should not attend work. Employees who are shielding can be furloughed to mitigate the financial impact on them of having to shield (subject to meeting the qualifying rules of the furlough scheme). Under the furlough rules, employers are [...]
The questions this week are: Is an employer’s reasonable belief of a breach of contract enough to defend a wrongful dismissal claim? Is it ever sensible to defend a claim to tribunal over one week’s notice pay? Mr Quayum, the Claimant, commenced employment with Firstsource Solution, the Respondent, as a customer experience adviser. The [...]
It’s Christmas party season. It’s festive drinks season. It’s using anything as an excuse to have a glass of Baileys or bucks fizz season. Indeed, ‘tis the season to be jolly is really longhand for getting somewhere between well-oiled and truly trollied! One company, in a bid to attract young and talented staff has actually [...]
With Christmas around the corner and Black Friday deals well underway, now is not only the beginning of the season to be jolly but also the season of round the clock courier deliveries. The online shopping boom means couriers are busier every year and this shines a light on the gig economy. We have long [...]
Egbayelo v Ocado Central Services Ltd: Can an employee reject changes to the contract of employment that are negotiated by collective agreement?
Case of the Week Another Friday is upon us which means it is time for another dose of case law. Last week’s update concerned sex discrimination and legal costs. This week we have two cases for you, there is no special reason for this bumper edition other than there is a dearth of HR […]
Okedina v Chikale: Can a contract tainted by illegality prevent an employee from bringing an employment tribunal claim?
This case is about domestic workers and asks: Can a contract tainted by illegality prevent an employee from bringing an employment tribunal claim? Ms Okedina, the Respondent, was a Malawian national who lived and worked in the UK. Ms Chikale, the Claimant, had worked for the Respondent in Malawi looking after the Respondent’s parents. The […]
Greetings and welcome back to your weekly dose of case law. Last week’s case was about religious discrimination and focused on expressing views about gay marriage and single parenthood. This week, we have two cases; one concerning restrictive covenants and another concerning tribunal procedure and awards. This is a case that we have covered at […]
For many years payment in lieu of notice (PILON) clauses were the enemy of employers. In the absence of a PILON clause, any employee they wished to exit via settlement would be able to get up to £30k tax free and this could include the equivalent PILON payment. As the PILON was rolled into the […]
Govdata Ltd v Denton – Can a claim for failure to provide terms of employment succeed if the terms were provided before the claim was issued?
Govdata Ltd v Denton Easter, a time of chocolate, roast dinners and long weekends. It also means you get your case law update a day early! Last week we looked at Director’s liability for breach of contract claims. In that case it was held that Director’s could be personally liable for any statutory breach of contract. […]
This week we are looking at Director’s personal liability. This is an issue we covered previously in the case of Timis & Sage v Osipov. That case found Directors could be liable for whistleblowing awards. In this case, the question is: Can Directors be liable for breaches of an employee’s contract of employment? Mr Antuzis […]
This week we are once again looking at covenants (groans) but this time through the lens of wrongful dismissal. The question this week is: Can an employer enforce post-termination restrictions against an employee who has been wrongfully dismissed? Can the length of a notice period affirm a breach of contract? The Claimants, Mr Brown, Ms […]
This week we are looking at the enforceability of restrictive covenants. Restrictive covenants are a contractual clause that limits a former employee’s activities for a defined period of time post-termination in order to protect a legitimate business interest. These interests can include clients, staff, competitors and company information. Generally speaking, the enforceability of a covenant […]
Good morning and welcome back to your weekly case law update. Last week’s case was yet another employment status case concerning domestic carers. This week, to the delight of many readers, we move away from employment status and into the realm of High Court contract and negligence claims. Today’s case is a breach of contract […]