Employment law brief – New Law Journal
‘Ian Smith examines the recent cases that have been driving employment law.’
New Law Journal, 18th November 2016
Source: www.newlawjournal.co.uk
Category: employment tribunals
Is new employment law really necessary to protect the gig workers? – The Independent
‘Significant number of the self-employed are neither enjoying the advantages of self-employment nor benefiting from the rights associated with employment.’
The Independent, 21st November 2016
Source: www.independent.co.uk
Younger judges take government to court over pension cuts – The Guardian
‘The government has demonstrated a “signal breach of faith” in cutting the pensions of recently appointed judges, an employment tribunal has been told.’
The Guardian, 15th November 2016
Source: www.guardian.co.uk
Employment Appeal Tribunal confirms that judges don’t work for a living… – Cloisters
‘… they do, however, faithfully and diligently discharge their office and can be, of course, in an employment relationship.’
Cloisters, 31st October 2016
Source: www.cloisters.com
Number of people lodging unfair dismissal complaints plummets after Government introduces tribunal fees – The Indepedentn
‘The number of workers taking claims of unfair dismissal or discrimination to employment tribunals has slumped since charges came into force, a new study has revealed.’
The Independent, 4th November 2016
Source: www.independent.co.uk
Unfair dismissal cases slump under tribunal fee system, study shows – The Guardian
‘The number of workers taking claims of unfair dismissal or discrimination to employment tribunals has slumped since charges came into force, a study has revealed.’
The Guardian, 4th November 2016
Source: www.guardian.co.uk
Uber drivers: legal documentation has little impact on relationship between worker and engager, expert says – OUT-LAW.com
‘Much has been made of the new flexibilities the so-called ‘gig economy’ offers to businesses and workers. However, whether these flexibilities truly exist will depend on the actual relationship between the parties, as last week’s decision against Uber shows.’
OUT-LAW.com, 31st October 2016
Source: www.out-law.com
Uber awaits tribunal ruling over drivers’ status as workers – The Guardian
‘An employment tribunal in London will decide whether Uber drivers should be treated as workers with basic employment rights, in a case that could affect tens of thousands of other people working across the gig economy.’
The Guardian, 28th October 2016
Source: www.guardian.co.uk
Care workers sue council contractor in minimum wage battle – BBC News
‘Seventeen care workers are alleging failure to be paid the minimum wage in the sector’s biggest ever legal claim.’
BBC News, 14th September 2016
Source: www.bbc.co.uk
Rise in women facing discrimination on taking maternity leave – The Guardian
‘New mothers are facing increasing discrimination when they take maternity leave including being made redundant and switched to zero-hours contracts.’
The Guardian, 21st August 2016
Source: www.guardian.co.uk
Councillor wins battle with parish over failure to provide reading aid – Local Government Lawyer
‘A parish council discriminated against a councillor with visual impairment by failing to provide him with reading aids to carry out his duties. That finding has come following six employment tribunal hearings in Bedford and Huntingdon between November 2015 and May 2016 concerning former Brixworth parish councillor Stephen Pointer.’
Local Government Lawyer, 3rd August 2016
Source: www.localgovernmentlawyer.co.uk
Breaking: ‘minimal assistance’ from lawyers in online court – Law Society’s Gazette
‘A long-awaited report on the future of civil courts has recommended a new online court for dealing with all monetary claims up to £25,000.’
Law Society’s Gazette, 27th July 2016
Source: www.lawgazette.co.uk
The Simmons v Castle debate continues – Cloisters
‘Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre.’
Cloisters, 25th July 2016
Source: www.cloisters.com
A part of inclusion? Disabled people and the right to a fair hearing – Cloisters
‘John Horan considers two recent cases that highlighted particular difficulties that disabled people face in obtaining a fair hearing before the courts. Both cases (Rackham v NHS Professionals Ltd and Galo v Bombardier Aerospace UK) provide a common-sense framework of considerations which a court or tribunal must bear in mind. The second, Galo, identifies the need for better training for judges and legal practitioners in Northern Ireland as to the requirements of disabled people.’
Cloisters, 19th July 2016
Source: www.cloisters.com
Deliveroo contracts ‘written to scare couriers from going to court over workers’ rights’ – The Independent
‘Deliveroo has outsmarted Uber by reportedly building clauses into the contracts of its couriers to prevent them from taking the company to court over worker’s rights.’
The Independent, 25th July 2016
Source: www.independent.co.uk
Uber faces court battle with drivers over employment status – The Guardian
‘Uber is facing a legal challenge from drivers who say that they should be recognised officially as workers at the company, as calls grow for new rights for the UK’s burgeoning army of self-employed individuals.’
The Guardian, 19th July 2016
Source: www.guardian.co.uk
Tribunal fees and access to justice – Law Society’s Gazette
‘Since July 2013, it has been necessary to pay a fee to bring a claim in the employment tribunal. This change was introduced with the goal of relieving the pressure on the taxpayer of meeting the £83m bill for running the Employment Tribunal Service. It was also envisaged that it would encourage parties to consider faster and earlier ways to settle disputes.’
Law Society’s Gazette, 18th July 2016
Source: www.lawgazette.co.uk
Benjamin Gray Discusses Taiwo v Olaigbe: Discrimination on Immigration Status is not Race Discrimination – Littleton Chambers
‘The Supreme Court has held that less favourable treatment on the grounds of or because of immigration status is not discrimination because of nationality in Taiwo v Olaigbe and another [2016] UKSC 31.’
Littleton Chambers, 23rd June 2016
Source: www.littletonchambers.com
Expanding the Frontiers of Indirect Discrimination: Disadvantage and Associative Discrimination – Littleton Chambers
‘This paper address recent developments where the courts have considered the fundamental concepts of discrimination law and, the case law has both expanded the frontiers of discrimination whilst at the same time created some difficult hurdles for Claimants. The issues can best be considered by way of a factual example, which is set out below, and which will be considered at each stage of the paper.’
Littleton Chambers, 7th June 2016
Source: www.littletonchambers.com
