Allonby v Accrington & Rossendale College [2004] EUECJ C-256/01; [2001] EWCA Civ 529

Employment Status: Members and partners are left whistling

The Court of Appeal has held that LLP members lose employment rights but an independent contractor surgeon is ‘a worker’, reports David Ludlow A worker is ‘to some extent at least subordinate to the employer’ whereas ‘the partnership concept is the antithesis of subordination’. Employment lawyers and tribunals regularly deal with cases in which the …

Continue reading "Employment Status: Members and partners are left whistling"

This post is only available to members.

Justification Defence: Revisiting the ‘cost plus’ rule

Katharine McPherson reviews the decision in Woodcock v Cumbria PCT and considers what role cost may play in justifying treatment that would otherwise amount to discrimination ‘In accordance with previous case law, the court agreed that an employer cannot justify discrimination simply because not discriminating would involve increased costs.’ For some time now, case law …

Continue reading "Justification Defence: Revisiting the ‘cost plus’ rule"

This post is only available to members.

Arbitration: Being picky

Philippa Charles discusses the recent Supreme Court judgment in Jivraj The London arbitration community has warmly welcomed the judgment of the Supreme Court in the case of Nurdin Jivraj v Sadruddin Hashwani [2011]. The issues in the case and the decision of the Court of Appeal had carried what one advocate described as ‘chilling’ implications …

Continue reading "Arbitration: Being picky"

This post is only available to members.