Employment Law Blog

20 April 2017

Data Protection – even MORE practical guidance from recent case law on subject access requests

Last month we blogged on two recent cases which collated practical guidance from the courts on subject access requests (“SARs”) and foreshadowed another Court of Appeal decision on the same topic. 

James Murray

7 April 2017

Live well for [doing] less? Not for one Sainsbury’s employee…

We all know that if you do something seriously wrong at work, you could be dismissed summarily for gross misconduct. But what about if, instead of doing something wrong, you simply fail to do something right; you fail to act? Can this amount to gross misconduct too?

In Adesokan v Sainsbury’s Supermarkets Limited, the Court of Appeal considered just this issue. 

Francesca Lopez

5 April 2017

A case on service of a Notice to terminate a Contract of Employment … and yes, it's interesting!

Newcastle upon Tyne NHS Foundation Trust v Sandi Hayward. Surprisingly this case was a most enjoyable read.  In many ways it was a journey back to yester-year when there were so many decisions that turned on when letters may or may not have been delivered or received, with significant consequences turning upon the results.  By and large there are far fewer decisions in this respect since the advent, and almost universal usage, of email.

 

Richard Fox

30 March 2017

Employment Status - the floodgates are still open

It can be advantageous for businesses to engage people on a self-employed basis, but to control them in a way which may make it appear to the outside world that they are employees. The recent case involving Pimlico Plumbers Limited (“PP”) should be on the radar of any such organisation. Although there has of late been a string of cases on the currently hot topic of employment status, this latest case focuses predominantly on the right of substitution, and to what extent you can fetter that right, whilst still maintaining the desired “self-employed” status. Although the guidance is not definitive, it is still useful for any organisation currently using or considering such a set up. Furthermore, as a Court of Appeal case, it will be binding on all subsequent Tribunal cases.

Rebecca Farrington

29 March 2017

Brexit and European mobility from the Italian angle

As part of our commitment to providing our readers of our blog regular legal updates on Brexit, including from overseas guest bloggers, we are delighted to introduce a series of guest blogs from one of the leading Italian law firms providing commentary on Brexit, De Berti Jacchia Franchini Forlani. In this blog, Guido Callegari explores Brexit and European mobility from an Italian perspective.

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