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The ECJ has recently considered when the special employment jurisdiction rules in the Brussels Regulation will apply to claims against directors. Andrew Taggart, Anna Pertoldi and Donny Surtani consider the implications ‘The ECJ held that if there was a contract of employment between Mr Spies and Holterman, the employment provisions in the Brussels Regulation applied.’ …
Continue reading "Territorial Jurisdiction: Claims against directors under the Brussels Regulation"
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Sarah Parkin rounds up the key employment law cases and legislative developments that practitioners can expect in the coming year ‘2016 looks set to be an interesting year for employment practitioners and in-house counsel. The top ten developments to look out for are outlined in this article.’ With a number of significant Court of Appeal …
Continue reading "The Year Ahead: Ten predictions for 2016"
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Louise Benski and Richard Kenyon examine the trend towards state enforcement of employment law rights, including the proposals to tackle abuse of vulnerable workers ‘Enforcement officers report that over the last decade serious and organised crime gangs have been infiltrating legitimate labour supply chains across a number of sectors, and that the incidence of forced …
Continue reading "Labour Market Exploitation: Crime and punishment"
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Following two recent EAT cases, employers face the renewed prospect of workers receiving whistleblowing protection for disclosing breaches of their own employment contract, warns Sarah Ozanne ‘It is noteworthy that the legislation does not define public interest. Nor does it require that the disclosure be in the public interest, just that the worker has a …
Continue reading "Whistleblowing: What does ‘in the public interest’ mean?"
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Three recent decisions have pushed the boundaries of who can bring discrimination claims, write Tabitha Georghiou and Matthew Ramsey ‘A new era has dawned for discrimination law. Employment practitioners must learn to focus primarily on why the offending conduct took place.’ Discrimination law has traditionally been seen as a means of protecting individuals who fall …
Continue reading "Discrimination Law: Uncharted territory"
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A recent ruling has raised questions about the need for specific protection from caste discrimination and the effectiveness of the Modern Slavery Act, reports Chris Milsom ‘Tirkey […] represents the employment tribunal’s ability to provide an informal setting for adjudication, in which those who provide a credible account of employment that breaks every basic norm …
Continue reading "Descent-Based Discrimination: Caste doubt"
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Will the government’s plans to simplify the tax treatment of termination payments really make the system easier to understand, asks Rachel Farr ‘The government says that its aim is to create a simple, easy to understand, certain, easy to administer and fair system. However, this claim has attracted criticism because the main purpose seems to …
Continue reading "Termination Payments: Taxing proposals"
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Following new guidance from Acas, Gurpreet Duhra and Gemma O’Boyle consider some of the legal traps posed by the recruitment process ‘While Acas guidance is not legally binding, employment tribunals consider it to be good practice and… deviation from such guidance is likely to be subject to scrutiny.’The recruitment process presents several legal risks for …
Continue reading "Recruitment: Why it’s not so easy to say, ‘You’re hired!’"
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Kate Kelleher sets out the government’s proposals on how to improve the rules that govern the taxation of personal services companies ‘Unless the legislation is significantly revised and simplified, the likelihood is that engagers of PSCs will cease to contract with them if they are required to determine and collect the related tax liabilities.’ The …
Continue reading "Intermediaries Legislation: What next for IR35?"
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In light of recent case law, Michelle Tudor explains how to avoid some of the main pitfalls when disciplining employees ‘The Employment Appeal Tribunal held that the decision on culpability should have been reserved for Mr Goodchild and that there was an inference of improper influence by the HR advisers. Accordingly, it deemed Mr Ramphal’s …
Continue reading "Disciplinary Procedures: How to ensure that fairness is not dismissed"
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