Do the self-employed have any protection from discrimination?

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This month our Employment Solicitor, Claire Pegg, looks at employment rights for self-employed individuals. Self-employed individuals do not benefit from the same employment rights that are afforded to employees and workers. In particular, they are not entitled to: • protection from being unfairly dismissed; • Statutory sick pay • Maternity, adoption, paternity or shared parental leave and pay • receive … Read More

An Employment case review with a festive touch

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As we have now officially entered the holiday period, I thought it apt to base the case review this month on two holiday claims! Just to add to the overall festive feeling of this month, the first two cases we are looking at originate from the home of Christmas, Finland! TSN v Hyvinvointialan liitto ry (C 609/17) and another case … Read More

Recent Employment cases that can be used in day-to-day practice

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November was a plentiful month for interesting cases and principles that can be used in day-to-day practice. So we thought we’d share snippets of as many as we think you can stand, rather than go into the detail. Redundancy and statutory trial periods East London NHS Foundation Trust v O’Connor examined the point at which a statutory trial period began … Read More

Kostal UK Ltd v Dunkley and ors – Court of Appeal overturned decision of the Employment Appeal Tribunal

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In our recent blog we look at the Kostal appeal case on Trade Union inducements. Kostal UK Ltd v Dunkley and ors Sadly the Court of Appeal has overturned the decision of the Employment Appeal Tribunal (EAT) in this case on unlawful inducements. S.145B of the Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRA”) says that an employer must … Read More

Women & Equalities Committee is ‘disappointed but not surprised’ to hear examples of large employers putting pressure on employees who pursue allegations of discrimination or harassment in new report.

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The Women & Equalities Committee (WEC) of the House of Commons has produced its report on The Use of Non-Disclosure Agreements in Discrimination Cases. Some strong words from the WEC: “We have been disappointed, but not surprised, to hear examples of large employers using the significant resources at their disposal to put considerable pressure on employees who pursue allegations of … Read More

Sleep in shifts – the pay debate

Morrish SolicitorsEmployment, Employment Law Blog, Site News, Trade Unions

After a satisfying hard day’s graft at work and having successfully completed another torturously packed train journey home, it is always a lovely feeling to be able to share the company of loved ones during an evening. We get to have a hot shower, put on some comfy pyjamas and enjoy some delicious dinner whilst binge-watching as many thrilling tv … Read More

Supreme Court rules tribunal fees are unlawful

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On 26 July 2017, one of the most important judgments in the past 50 years of employment law was handed down. Yes, in an age of gloomy economic forecasts and disgruntlement in the workplace from squeezed workers, news reached us last Wednesday that restored our faith in the justice system. The Supreme Court in R (on the application of Unison) … Read More

Employment Rights Update

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Easter is often associated with little things, like chicks, lambs and mini eggs. So it seems fitting that our monthly update should cover a little more satellite litigation on ACAS Early Conciliation and a little compensation for failing to grant the right of accompaniment. HM Revenue and Customs v Garau Mr Garau was an administrative assistant, formerly employed by HMRC.  … Read More

Future world of work and rights of workers inquiry

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The Business, Energy and Industrial Strategy Committee has launched an inquiry into the ‘future world of work’ and in particular, the ‘gig economy’ – agency workers, zero-hours work, the use of ‘self-employment’, worker status, low pay and poor working conditions. They refer to the recent Sports Direct scandal and also other organisations with similar poor working conditions. This is good news. … Read More

Are we all becoming self-employed?

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With the increasing use of “self-employed” roles in today’s “gig economy”[1], there are more and more cases coming to Tribunal concerning employment status and basic employment rights. For example, this week there’s been much media reporting about Uber and Deliveroo. Currently, Uber says its taxi drivers, known as ‘partner drivers’, are genuinely self-employed. This is being considered at Tribunal – … Read More

Employment Rights Update – July 2016

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The Supreme Court handed down interesting Judgments on these two cases which involved two Nigerian nationals. Taiwo (Appellant) v Olaigbe and another (Respondents) and Onu (Appellant) v Akwiwu and another (Respondents) [2016] UKSC 31 Ms Taiwo is married and has two children and was living in poverty in Nigeria. She entered the UK lawfully in February 2010 with a migrant … Read More

Tattoos in the workplace

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For years, tattoos were considered taboo in the workplace; with some employees alleging that their employment has been terminated as a result of having a tattoo or they have simply not been offered a job because of it. Traditionally, tattoos were associated with bikers and gangs, but this has evolved, with tattoos gaining wider social acceptance. A recent study by … Read More

The EU debate – Discrimination Law

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In this blog I want to look at the legal effect of EU membership from the perspective of discrimination law. I begin by quoting (again – I hope he does not mind) from the advice of Michael Ford QC to the TUC* on this subject: “It  is  difficult  to  overstate  the  significance of  EU  law  in  protecting against  sex discrimination.“ … Read More

Hot under the collar?

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With the heatwave in full swing, some workers may be finding the heat unbearable. But what should your employer do to help? How hot is my workplace allowed to be? There is no set maximum. The Health and Safety Executive (HSE) used to say that “an acceptable zone of thermal comfort for most people in the UK lies roughly between … Read More

The EU debate – thoughts on holiday rights

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  There is a lot of fairly heated discussion on the “Brexit” debate.  The claims and counter-claims by each side have begun, I suggest, to border on the silly.  Hyperbole is the order of the day.   I want to look, in the next couple of weeks, at just a handful of what I think are concrete matters (in so … Read More