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18 June 2014 / Ian Smith
Issue: 7611 / Categories: Features , Employment
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Employment law brief: 18 June 2014

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Ian Smith considers the latest employment law developments

Three cases in the last month have addressed issues of current concern in employment law, namely nil-hours contracts, the employment status of partners and how to calculate holiday pay when the employee is remunerated other than simply by basic rates. These all contain important explorations of fundamental principles but the other thing that links them is that there must be the strong feeling in relation to each that considerably more will need to be decided about them in future litigation.

Nil-hours contracts: the problems start to crystallise

The question of the status of those on “nil-hours contracts” has recently taken on some political controversy. The decision of Judge Shanks in the Employment Appeal Tribunal (EAT) in Saha v Viewpoint Field Services Ltd UKEAT/0116/13 shows how difficult a question this can be and how reliant it is on factual findings. Interestingly, the judgment ends with a statement by the judge that this is an area in need of legislative reform.

The claimant was taken on as a telephone interviewer by the respondent market

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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