March 2014 #148 – Law Journals

Tax: True or false – the new regime for self-employment

The government’s attempt to stamp out intermediary arrangements to facilitate false self-employment could affect a wide range of legitimate business models, warns James Warren ‘There is undoubtedly a requirement for further review and broader reform of the various tests used to determine employment.’ Determining the employment status of individuals who hold themselves out as self-employed …

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Industrial Relations: Seeking recognition

Tom Flanagan considers the ramifications of PDAU’s battle to represent Boots’ pharmacists ‘R (Boots Management Services v the CAC [2014] is an example of the unions arguing that the UK’s law on trade unions – sometimes in the context of a right to strike or the conduct of industrial action ballots but here in the …

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Confidentiality Agreements: Buying silence – do gagging clauses really work?

Employees cannot sign away their right to raise legitimate concerns – but employers’ advisers have found various ways to circumvent the law, argues Andrew Yule ‘The problem is… people take a severance agreement, sign a con?dentiality clause and then think they are gagged… whether or not that is true’. Settlement agreements – and particularly ‘gagging’ …

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Employment Status: Considerations when using personal service companies

Matthew Towers discusses a recent case on what counts as ’employment’ for the purposes of bringing a discrimination claim ‘Individuals providing work through personal service companies may not be protected against discrimination under the EA, especially where contractual arrangements are complicated.’ In some industries, such as IT, it is relatively common for individuals to provide …

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Settlement Discussions: EAT aims to end dispute over without prejudice rule

A recent ruling has provided welcome clarification of when pre-termination negotiations should remain privileged, report Johanna Johnson and Ronan O’Reilly ‘There are eight recognised exceptions to the application of the without prejudice rule, which were set out by Robert Walker LJ in Unilever plc v The Procter & Gamble Co [2000].’ The ‘without prejudice’ privilege …

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Employment Contracts: Zero hours, maximum attention

Rebecca Peedell examines the CIPD’s guidance and government consultation on zero-hours working ‘While the CIPD research chimes with the prevailing impression that there is much uncertainty among employers and individuals about zero-hours contracts, it also suggests that the picture is not altogether as bleak as many commentators would have us believe.’ The winter of 2013 …

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Civil Claims: Finding alternatives to the employment tribunal

With government reforms making it more difficult for employees to bring tribunal claims, Kevin McCavish and Antonia Blackwell ask whether the civil courts could provide the answer ‘Advisers should be mindful of the terms of their client’s contract of employment.’ Employment tribunals are the main forum for dealing with disputes between employees and their employer …

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