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Employment law brief: 18 June 2014

18 June 2014 / Ian Smith
Issue: 7611 / Categories: Features , Employment
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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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MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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