The latest employment law developments constitute shots across the bows for employers & employees, says Ian Smith
The three cases considered this month could be seen as having one theme, namely as containing the proverbial shot across the bows—in the first one for any employer still under the impression that taking someone on as a “casual” with gaps between engagements means that they have no rights at all, in the second one for any employee going to work abroad in a country not exactly known for supportive employment laws, and in the third one for any employee faced with a possible constructive dismissal situation but wanting to delay what may be the inevitable. Whoever said that life was meant to be simple? Certainly not an employment lawyer.
Keeping it casual
The crucial distinction between an “employee” and a “worker” is further explored in the decision of the Employment Appeal Tribunal (EAT) under Judge Clark in Windle v Arada UKEAT/0339/13, which adds a point of potentially considerable importance for the protection if casual workers. It arose in the confusing context of
