header-logo header-logo

10 February 2023 / Ian Smith
Issue: 8012 / Categories: Features , Employment , Tribunals , Discrimination , Tax
printer mail-detail

Employment law brief: 10 February 2023

110188
Growing apart? In this month’s employment law brief, Ian Smith considers the ever-diverging paths of tax & employment law, & disciplinary proceedings that just won’t end
  • Effect of tax on employment status.
  • When can it be fair to reopen disciplinary proceedings?
  • A narrow view of marital discrimination.
  • Victimisation—the relevance of bad faith.

This column/epistle/rant has not infrequently mentioned problems arising from the employer practice of ‘fire and rehire’, either to force through changes in employment terms or to effect redundancies. In January, the government published a proposed code of practice on this issue, aimed at putting some curbs on it and giving tribunals more scope to judge its fairness. It is currently out for consultation and its progress will be watched with interest.

In the meantime, the cases considered here cover useful topics related to the effect of tax status on the definition of ‘employee’ for employment law purposes; if and when it can be fair for an employer to reopen what appeared to be

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll