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05 July 2018 / Ian Smith
Issue: 7800 / Categories: Features , Employment
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Employment law brief: 5 July 2018

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​Ian Smith explains the importance of facts & keeping schtum

  • Immigration cases and the need still for fair procedure.
  • Dealing with outstanding disciplinary matters in references
  • Deductions from wages: what is properly payable in zero-hours contracts?

The most newsworthy development in the last month was, of course, the decision of the Supreme Court in Pimlico Plumbers Ltd v Smith [2018] UKSC 29, [2018] All ER (D) 65 (Jun). It was greeted with delight by the ex-plumber, and incandescence by the owner of Pimlico Plumbers; however, it is likely to have been greeted by most employment lawyers with a vague sense of disappointment. Some of the extensive media coverage of it supposed that it was an important case on the ‘gig economy’, but it is not (for that we await the decision of the Court of Appeal in the Uber case); it is primarily a case on the good old casual worker issue—self-employed or not? The twist here has been that the alternative to self-employment has been worker status, not employee status.

The court’s judgment was given by Lord Wilson

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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