header-logo header-logo

11 July 2024 / Ian Smith
Issue: 8079 / Categories: Features , Employment , Tribunals
printer mail-detail

Employment law brief: 12 July 2024

181429
With pre-election purdah offering a (brief) cessation of legislation, Ian Smith focuses on the work of the EAT and some fairly fundamental points of interpretation. Simples!
  • Fixed-term employment: when are successive contracts justified?
  • National minimum wage—when does time travelling count?
  • Redundancy—what are the requirements in a ‘pool of one’ case?
  • TUPE—when does commissioning count as an economic activity?

As employment lawyers enjoyed their one saving grace of the purdah period leading up to an election (ie, a cessation of legislation), the EAT has made up for it by producing useful judgments on some fairly fundamental points of interpretation. The cases selected for consideration this month can be summed up in four apparently simple questions: (i) when are successive fixed-term contracts exceeding in aggregate four years justifiable? (ii) when does time travelling count in applying the National Minimum Wage? (iii) what are the requirements for a fair redundancy dismissal in a ‘pool of one’ case? and (iv) in the TUPE context, when does commissioning qualify as an ‘economic activity’?

Successive contracts

By virtue of reg 8 of the Fixed-term

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

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

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—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
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
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
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
back-to-top-scroll