HR Articles

Employment status and how it is determined has been an issue that has vexed the courts recently, with cases in both the employment and tax tribunals.

An individual’s employment status determines what type of protections and rights they are entitled to, and establishing status involves the consideration of many different factors.

The Court of Appeal allowed Mr Smith’s appeal and held that he could recover compensation for all the unpaid holiday he had taken throughout his entire employment with Pimlico Plumbers.

The Employment Appeals Tribunal (EAT) have confirmed that an employer did not discriminate against a male employee by paying enhanced adoption pay but not enhanced shared parental pay. 

In the recent case of Royal Mencap Society v Tomlinson-Blake & others, the Supreme Court had to decide how sleep in workers’ working time should be calculated for the National Minimum Wage (NMW).

The standard EC period is now 6 weeks rather than a month (but there is no longer the possibility of extending it by 2 weeks). Although this may appear to give people 2 weeks longer to submit employment tribunal claims...

In the case of Kelly v PGA, the EAT held that an employment tribunal was wrong to make an order of re-engagement as the employer had lost trust and confidence in an employee’s ability to carry out his role, and this belief was rationally held.

The EAT, in J Pranczk v Hampshire County Council, had to recently decide whether a Tribunal should have identified, direct and indirect disability and victimisation claims from a claim form when detrimental treatment was alleged.

According to the Times this week, the government has asked the Law Commission to help design a lawful system for charging employment tribunal fees.

In the case of Radia v Jefferies International Limited the Claimant was unsuccessful in his claims for disability discrimination.

In Duncan Lewis Solicitors Ltd v Miss M Puar the Employment Appeal Tribunal (“EAT”) clarified the steps that need to be considered when considering a strike out.