10 February 2023 / Ian Smith

Issue: 8012 / Categories: Features , Employment , Tribunals , Discrimination , Tax

Employment law brief: 10 February 2023

Growing apart? In this month’s employment law brief, Ian Smith considers the ever-diverging paths of tax & employment law, & disciplinary proceedings that just won’t end

Effect of tax on employment status.
When can it be fair to reopen disciplinary proceedings?
A narrow view of marital discrimination.
Victimisation—the relevance of bad faith.

This column/epistle/rant has not infrequently mentioned problems arising from the employer practice of ‘fire and rehire’, either to force through changes in employment terms or to effect redundancies. In January, the government published a proposed code of practice on this issue, aimed at putting some curbs on it and giving tribunals more scope to judge its fairness. It is currently out for consultation and its progress will be watched with interest.

In the meantime, the cases considered here cover useful topics related to the effect of tax status on the definition of ‘employee’ for employment law purposes; if and when it can be fair for an employer to reopen what appeared to be concluded disciplinary proceedings; the legal limitations on marital discrimination;

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Employment law brief: 10 February 2023

Issue: 8012 / Categories: Features , Employment , Tribunals , Discrimination , Tax

Growing apart? In this month’s employment law brief, Ian Smith considers the ever-diverging paths of tax & employment law, & disciplinary proceedings that just won’t end

Effect of tax on employment status.
When can it be fair to reopen disciplinary proceedings?
A narrow view of marital discrimination.
Victimisation—the relevance of bad faith.

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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MOVERS & SHAKERS

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Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS

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NLJ this week: Property cases reshape established principles

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land

NLJ this week: Stress ruling raises the bar for employers

Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee

NLJ this week: Can Manchesterism revive access to justice?

Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE

NLJ this week: Constitutional conventions tested as power changes hands

The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition

NLJ this week: Lawyers must become product designers

The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London

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Employment law brief: 10 February 2023

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gibson Dunn—Richard Surtees

Laytons ETL—Alec Cameron