Self-employed or worker? There can hardly be a more burning issue in Employment Law and, in upholding a Plumber’s claim that he fell into the latter category, the Supreme court has impose vital restraints on the so called ‘gig economy’. The man was one of a bank of plumbers that provided their services to…
Employers who do not have robust procedures in place for investigating incidents of alleged staff misconduct frequently pay a heavy price. That was certainly so in one case in which a shop manager who was sacked after being unjustifiably accused of theft won more than £20,000 in compensation. The woman was alleged to have taken…
The 2018 Fédération Internationale de Football Association (FIFA) World Cup commences on Thursday 14th June with a match between Russia and Saudi Arabia that kicks off at 4:00pm UK time in the Luzhniki Stadium in Moscow. Employers who have not already done so should ensure they have policies in place to deal with any issues that…
This week is Mental Health Awareness Week (14-20 May), and this year the Mental Health Foundation is focusing on stress. Whilst not a mental health problem in itself, stress can lead to depression, anxiety and other mental health problems. According to the Foundation, one in four people will experience a mental health problem at some…
Those who suffer unlawful discrimination in the workplace are entitled to be compensated for injury to their feelings and, following an important Court of Appeal decision, such awards will henceforth be tax free. The case concerned a company director, aged in his mid-50s, who claimed that he had been selected for redundancy due to his…
Failing to pay staff the National Minimum Wage stores up serious financial trouble for the future and employers who do not understand the Law will be stung with a longer tail following a Tribunal’s guideline decision. The case concerned a Head Porter, employed by a Property Management company, who had for well over a decade…
April 2018 brings changes to the Tax on Termination Payments Following consultation by the Government from 6 April 2018 changes will come into force in the way termination payments are treated in regards to tax. Payments in lieu of notice (PILON) As it currently stands if you do not have a contractual PILON any payment…
It is hardly surprising that anyone suffering from cancer is deemed to be disabled under the Equality Act 2010 – but what exactly is cancer? The Employment Appeal Tribunal (EAT) considered that issue in an important test case. The case concerned a catering worker who, after noticing a blemish on her cheek, was diagnosed with…
The distinction between employment and self-employment is perennially difficult to draw but, as one case concerning a senior property professional showed, tribunals are used to looking beneath the surface in order to ascertain where control in a relationship really resides. A highly paid Project Manager of major land deals had given in his notice and…
Determining the true reason for an employee’s dismissal is one of the hardest tasks undertaken by Employment Tribunals (ETs). That was certainly so in one case in which a school’s head teacher was accused of having an ulterior motive for dispensing with the services of its veteran maintenance manager. Concerns had been raised that a…
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