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-…
28 Dec 2018
Hein v Albert Holzkamm GmbH related to a construction worker in Germany working under a collective agreement providing that holiday pay would be paid on the basis of a 13-week average calculation in accordance with national law in Germany. After a 26-week lay-off, his holiday pay was calculated on…
27 Dec 2018
The EAT in Stefanko and others v Maritime Hotel Ltd held that an employee is entitled to a statement of particulars of employment even if they have worked for less than two months, provided they have completed one month of continuous employment. Section 1(2) of the Employment Rights Act 1996 sets…
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…
21 Dec 2018
The government has published proposed legislative changes to employment law in its "Good Work Plan" (the 'Plan'). The Plan was published in response to the review of modern working practices conducted by Matthew Taylor, the Taylor Review, and accepts changes implementing 51 out of the…
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…
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 &…
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…
25 Oct 2018
Following on from the Gender Pay Gap Reporting requirement, the Government launched a consultation into Ethnicity Pay Reporting earlier this month. The Consultation is currently underway, and responses are required by 11 January 2019. The issue of ethnicity pay disparity has been on the government…
25 Oct 2018
Yes, you could be! Last week in the case of Bellman v Northampton Recruitment Ltd , the Court of Appeal found that the company was liable for an incident that happened after a work event had finished. This case is particularly important now in the run up to Christmas (it's never too early to…
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2018-19 edition Legal 500
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