February 2018 #187 – Law Journals

Legal news: Employment update

Catherine Turner rounds up recent case law and developments affecting employers and their advisers ‘There have been a number of recent whistleblowing cases in which the “public interest“ test has been interpreted widely.‘ Court of Appeal restores orthodoxy on burden-of-proof test in discrimination claims There has been some recent uncertainty about the correct burden-of-proof test …

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Holiday pay: The never-ending story continues

The ECJ has held that employers‘ liability to compensate workers for unpaid holiday where they have been wrongly classified as self-employed can span the entire engagement, explain Katie Clark and Paul McGrath ‘Holiday pay had to be calculated in a way that corresponded with a worker‘s “normal remuneration“, including all components intrinsically linked to the …

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Employment status: Gig economy firms remain in the firing line

Susannah Kintish and Matthew Wood consider the emerging trend of employment tribunals and courts holding that individuals are workers rather than self-employed ‘If a business has been incorrectly categorising as self-employed individuals who are in fact workers, then there will be significant cost implications for that business.‘ Gig economy firms‘ battle with the issue of …

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Remuneration: Calculating a week‘s pay

Rebecca McGuirk and Anna Scott discuss the potentially costly impact for employers of a series of decisions on how to calculate unfair dismissal compensation and holiday pay ‘The issue of what to include when calculating holiday pay has recently been exercising the courts. It is therefore important that employers check they are including the right …

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Breach of contract: The truth hurts but dishonesty can be costly

Fudia Smartt and Holly Hobson examine the lessons from a case in which, to ‘soften the blow‘ of dismissal, an employer gave a false reason for letting an employee go ‘In all but the most unusual cases, there was an implied duty on employers not to mislead employees deliberately. So, once it opted to give …

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Vicarious liability: Taking the rap for rogue employees

Charles Wynn-Evans reports on several recent cases which demonstrate how employers can end up being liable for their employees‘ wrongdoing ‘The various recent cases summarised in this article demonstrate not only the variety of situations to which the issue of vicarious liability can be relevant but also the potential width of its application and the …

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Industrial relations: Good times for unions as recent decisions protect their rights

Paula Rome and Antonia Blackwell look at whether a string of cases signals a growing willingness by the courts to uphold trade unions‘ powers ‘The court held that the rules do not require a trade union to identify specific dates on which industrial action will happen but just the period within which it is expected …

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