header-logo header-logo

14 May 2009 / Ian Smith
Issue: 7369 / Categories: Features , Terms&conditions , Employment
printer mail-detail

All change

Ian Smith tramps across some difficult terrain in search of clarity & simplicity

Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld [2009] EWCA Civ 280, [2009] All ER (D) 40 (Apr) is the appeal case in anticipation of which the employment tribunals' president issued a practice direction staying all similar cases before the tribunals.

The BERR case concerns the well-known problem of when a majority shareholder and/or director of a company that has become insolvent can claim to have been an “employee” and thus entitled to claim certain unpaid amounts from the secretary of state under the Employment Relations Act 1996, s 182.

Sadly, given the economic climate, this is once again a live issue: the Court of Appeal was told that in 2008 there were “some 12,000 claims by directors on the National Insurance Fund, of which some 600 had gone or were expected to go to employment tribunals”. BERR took the view that the existing guidelines to tribunals were contradictory and difficult to apply, and so were keen for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll