Author: Lisa La Grange

Employment Status Checker

In the wake of a number of recent heavily publicised cases concerning employment status, HMRC has created an online tool to help determine – for tax purposes. Whether an individual is an employee or self-employed, and Whether they might be covered by IR35. The “check employment status for tax” tool can be found via the […]

The ‘Gig Economy’

The Uber tribunal verdict which was handed down in October has far-reaching implications when it comes to the future of the gig economy. Uber Appeals Their Verdict Uber has appealed the verdict, which ruled that the terms and conditions of the arrangement two drivers had with the company meant that they should be classified as […]

Pre-cancerous condition deemed a “disability” under the Equality Act 2010?

The Employment Appeal Tribunal, in Lofty v Hamis (t/a First Café)  recently held that a pre-cancerous condition was deemed a “disability” under the Equality Act 2010 (a transcript of the judgement can be accessed here http://www.bailii.org/uk/cases/UKEAT/2018/0177_17_1801.html). The Claimant, a café assistant, had been diagnosed as suffering from lentigo maligna, describing this as a ‘pre-cancerous lesion […]

Sign on the dotted line…

In the case of Tenon FM Limited v Cawley, the employer tried to enforce post-termination restrictions on an employee who wanted to join a competitor and also persuaded a colleague to do the same. Unfortunately, the employer was unable to produce a signed copy of the contract of employment and so it was relying on […]

Unfair dismissal and discrimination

The Employment Appeal Tribunal (EAT) held in Mbubaegbu v Homerton University Hospital, that a dismissal for misconduct without prior warning was reasonable when multiple issues arise, none of which are, by themselves, gross misconduct. The Claimant was a consultant surgeon. The Hospital had introduced internal reporting procedures designed to address a dysfunctional working environment. Despite an […]

New guidance on dress codes released

The government has released new guidance on dress codes, following a recommendation from the Women and Equalities Select Committee. The guidance highlights that dress codes can be legitimate but that standards for men and women must be equivalent.  The guidance specifically highlights the requirement for women to wear high heels as being likely to be direct […]

Hermes couriers classed as workers 

In the latest of a string of cases concerning employment status in the so-called ‘gig economy’ Leeds Employment Tribunal recently found that a group of Hermes couriers were workers as opposed to independent contractors and thus entitled to receive the national minimum wage and holiday pay. The Tribunal’s finding is likely to affect up to […]

Key Court of Appeal Judgment

A significant decision has been reached by the Court of Appeal this week. The matter in question was whether a successful appeal against dismissal automatically revives a contract meaning that an employee is reinstated, and no longer considered to be dismissed. The Court of Appeal held that, yes, a successful appeal against dismissal does revive […]

Football is coming home!

Football is coming home! The Advisory, Conciliation and Arbitration Service (ACAS) has published guidance (http://www.acas.org.uk/index.aspx?articleid=6545) for employers in relation to issues that may arise over the FIFA World Cup 2018 period. The guidance is useful as it includes tips on dealing with requests by employees for time off, increased sickness absence, flexible working days, use […]

Tax Change for PILON Payments

Employment contracts often provide that employers can terminate the employment immediately by making a payment in lieu of notice (PILON), rather than having to give the full period of notice. A PILON made under a contractual provision of this kind is taxable under section 62 of the Income Tax (Earnings and Pensions) Act 2003  (ITEPA […]

EU residency rights climb down

There has been another update to the rights of EU citizens arriving in the UK during the Implementation Period.  The government released a Policy Statement on 28 Feb 2018 which announced a change in approach as regards the rights of EU citizens and their families during the Implementation Period which commences after the withdrawal from […]

More equal pay claims

WM Morrison is facing a potential equal pay claim in the region of £100 million from hundreds of its staff (predominantly women), who are of the belief that they have been underpaid when compared to their colleagues, often men, working in distribution centres and warehouses. Morrison’s shop floor workers namely customer assistants argue that they have […]

Is an employee under a duty to disclose the criminal conviction of others?

The Supreme Court, in Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 (a transcript of the judgment can be accessed here https://www.supremecourt.uk/cases/docs/uksc-2016-0170-judgment.pdf), recently held that a dismissal of an individual for failing to disclose a relationship with a person convicted of a serious criminal offence was capable of falling within the range of reasonable […]

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