Blog
Business Development: Playing The Right Card
Leor Franks
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.
28 February 2017
IWD: Access to justice for working mums: so near and yet so far
It almost goes without saying that a woman's home and family life can directly, and indirectly, impact her career. As we wrote about last year, the Women’s Equality Committee (WEC) published a report on pregnancy and maternity discrimination (see here and here). The report included some shocking findings. The number of expectant and new mothers who felt they had been pushed out of their jobs following their pregnancy or maternity leave has almost doubled since 2005, and 77% of women reported negative experiences at work related to their pregnancy or maternity.
6 February 2017
Courier case: are we anywhere near the end of the road or just on our way?
The decision (dated 5 January 2017) in the recent cycle courier case Dewhurst v CitySprint UK Limited that received TV coverage last month is not strictly speaking an authoritative judgment. But it does evidence a direction of travel, following as it does the hugely well published judgment in the Uber case last October (Aslam and Farrer v Uber B.V. and others). Please pardon the analogy!