Ian Smith examines cases from a smorgasbord of employment areas
- Casual workers and their rights (or lack thereof) under the discrimination legislation.
- Settling a hitherto open point on damages for breach of working time rights.
- Discrimination statute: discriminatory policies and the perennial question of territorial jurisdiction.
- Check-off system for the collection of union dues by the employer.
Five cases have been chosen for this month’s brief, from widely different areas. The most first and important concerns casual workers and their rights (or lack thereof) under the discrimination legislation. In it, the Court of Appeal disapproved of a move towards greater protection for such workers that had been proposed in an innovative decision of Judge Clark in the Employment Appeal Tribunal (EAT). Those advising such clients will want to read it carefully. The good news is that ultimately these are still matters of fact in individual cases, but the bad news is the emphasis against “employee/worker” status if there is lack of mutuality. The second case settles a hitherto open point on damages for breach of working time rights.
