Latest Legal Articles from Forbes Solicitors

Employment & HR

Employee, worker or self-employed?

17 Jan 2019

It is common in the construction industry for a company to engage individuals to provide services on its behalf to an end client. Whilst the company may want the client to view these individuals as part of their company, it is also common for the company to argue that the individuals are self-…

Government loses indirect discrimination appeal

27 Dec 2018

A claim was brought by around 230 judges challenging the government's decision forcing younger judges to leave the judicial pension scheme. Members closest to retirement age were permitted to remain on the scheme, whilst younger judges were transferred to a less generous scheme. The judges claimed…

Pay in lieu of untaken leave held to accrue to deceased employee's estate

13 Nov 2018

In Wuppertal v Bauer and Willmeroth Broßonn the CJEU has held that the heir of a worker who dies while in an employment relationship with a public or private employer has a right to financial compensation in lieu of the worker's untaken paid annual leave. The right to annual leave was…

Government Considering the Re-Introduction of Tribunal Fees

13 Nov 2018

On 7th November 2018, the Law Society Gazette published an article suggesting that the Ministry of Justice ("the Ministry") has confirmed it may reintroduce fees for employment tribunal claims. Tribunal fees were introduced in July 2013; initially around £160, and increasing to &…

Liability for Individuals (as well as employers) in Whistleblowing Cases

26 Oct 2018

The recent case of Timis v Osipov [2018] EWCA Civ 2321 is sure to have created uncertainty and worry in boardrooms throughout the country. The Court of Appeal held that two individual directors must pay out £2 million in a landmark whistleblowing decision. The judge held for the first time…

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17 Jan 2019

Employment & HR

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