header-logo header-logo

08 April 2022 / Ian Smith
Issue: 7974 / Categories: Features , Employment
printer mail-detail

Employment law brief: 8 April 2022

77721
Making history: Ian Smith performs a perfect loop-the-loop & serves up three significant Court of Appeal decisions

In brief

  • ‘Worker’ definition—no need for an irreducible minimum of obligation.
  • Detriment on union grounds does not extend to taking industrial action.
  • Directors/CEOs and employment status—the EU law angle.

Apart from the usual spate of annual changes in the run-up to the beginning of April (the increase of the various employment protection limits, the up-rating of the national minimum wage and relevant social security benefit, a review of the Vento scales for injury to feelings awards by the employment tribunal (ET) presidents and, this year, two replacement immigration law codes of practice for employers on the operation of the civil penalty scheme for employing illegal workers and how to avoid unlawful discrimination when using the system) this has been a relatively quiet month for employment case law in the Employment Appeal Tribunal (EAT). However, we have had instead three Court of Appeal cases.

The first two make important statements on historically difficult areas of law (whether to be a ‘worker’

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll