Employment Law

Slee Blackwell’s employment solicitor, Roger Cheves, reports on the Court of Appeal’s latest decision on self employed status Last year an employment appeal tribunal (EAT) overturned the decision of an employment tribunal and held that Lap Dancer, Nadine Quashie, was employed by Stringfellows nightclub and as a result could claim unfair dismissal.

Employment lawyer, Roger Cheves, provides an update on the proposed changes to the law

The employment tribunal case of Hashman v Milton Park (Dorset) Ltd concerned a Dorset man who was unfairly dismissed from his job at a garden centre because of his anti-hunting principles.

The case dealt with the legal assessment about what can amount to a ‘belief’ under the Equality Act 2010. The provisions make any discrimination in the workplace on grounds of religion or belief unlawful. The definition of ‘belief’ includes any ‘religious or philosophical belief’.

After all the leaking and counter-leaking between the different factions of the Government, Business Secretary Vince Cable has announced the Government's proposals for what he says is the biggest shake up of employment law for decades. At the same time, the government has also published its Response to the Consultation on Resolving Workplace Disputes.

The main items are:-

Employment solicitor, Roger Cheves looks at the legal issues that social media raises for employers
 
Love it or hate it, social media appears to be here to stay. The increasingly widespread use of social media, such as Facebook and Twitter by employees, both in and out of the workplace, continues to raise issues for employers. Whilst some organisations may embrace its use, care needs to be taken in order to protect business interests such as reputation and confidentiality.

The government has announced various changes to the employment tribunal system, allegedly “to boost the economy”.

Employment law solicitor, Roger Cheves on the Court of Appeal’s latest decision

According to the Court of Appeal in the recently reported case of Jackson v Liverpool City Council the answer to the question ‘can a reference be allowable, even though its unfair’, is a resounding, “yes”.

Employment law solicitor, Roger Cheves examines the definition of self employment status

If an “employee” acts like an employee and sounds like an employee, then he’s probably not a self-employed subcontractor. This was The Supreme Court’s decision in Autoclenz Ltd v Belcher, providing much needed clarity to the question of self employed contractors.

The Employment Equality (Repeal of Retirement Age Provisions) Regulations 2011 are now in force. The new Regulations abolish the default retirement age of 65 as well as the statutory retirement notice process. Under these regulations any termination of employment on the grounds of age will be unfair unless it can be objectively justified as a “proportionate response to a legitimate aim.”

Additional Paternity Leave Regulations 2010 now allow fathers of babies born on or after 3 April 2011 (or adoptive parents who are notified of being matched with a child for adoption on or after 3 April) additional paternity rights. Under the new Regulations mothers can opt to transfer up to 6 months of maternity leave to the father.