HR Articles

Last week in Gascoigne v Addison Lee an Employment Tribunal decided that a cycle courier was a worker and not self-employed. Following the pattern emerging from other similar cases, the Tribunal was influenced by the claimant’s requirement to provide personal service and also the level of control exercised by Addison Lee over the claimant. Yet again the Tribunal was not convinced by a written contract which stated that the claimant was “self-employed” and was willing to look behind that label.

The Court of Appeal has rejected a previous judgment which suggested that damages for psychiatric injury in the Employment Tribunal are always indivisible.

In Dudley Metropolitan Borough Council v Willetts and others the EAT has ruled that payments for voluntary overtime should be included in holiday pay calculations.

The Taylor Review: proposals and potential impact on businesses and those that work for them

The much awaited Taylor Review into modern working practices has been released. It aims to tackle “one-sided flexibility” in favour of employers in the labour market. The key recommendations include:

An employee has been jailed for 6 weeks for breaching an interim injunction awarded in the case of OCS Group UK v Dadi.

In December, law firms like to write advice on dealing with employment issues that may arise over the festive period, but the summer in its own way can create just as many pitfalls.

Her Majesty has outlined the legislative agenda for the coming two years in Parliament. As the Conservative Party failed to obtain a majority in the recent general election, many manifesto promises were scaled down or scrapped entirely. Three proposed bills relate to employment law:

If the Court of Justice of the European Union (CJEU) follow the Advocate General’s recent opinion on holiday entitlement, for those wrongly classified as self-employed, businesses who dispute entitlement to paid annual leave could face large pay outs.

We blogged previously on the party’s employment and immigration issues in its manifesto, however, it is unclear, at this stage, how this outcome will affect the party’s approach or whether a coalition will be formed.