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’ you
