Blog
Civil Fraud Case Update: Q1 2026
Mary Young
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.
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.
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.
9 March 2017
The Senior Managers and Certification Regime: the latest
7 March 2017 marked the first anniversary of the implementation of the Senior Managers and Certification Regime. However, rather than coming with cake and candles, this birthday was celebrated with the introduction of the next phase of the regime.
6 March 2017
Data Protection – practical guidance from recent case law on subject access requests
We have previously published our ‘Top 10 Tips’ for both making and responding to subject access requests (“SARs”) under the Data Protection Act 1998 (“DPA”).
Two recent cases - Holyoake v Candy and CPC Group Limited and Dawson-Damer v Taylor Wessing LLP – considered a number of issues that are important in practice. Of particular interest is how this effects the circumstances in which SARs can (or cannot) be legitimately resisted. We have drawn together the key lessons learned, which complement our earlier guidance.
