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23 March 2007 / Ian Smith
Issue: 7265 / Categories: Features , Tribunals , TUPE , Employment
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Employment law brief: 23 March 2007

Worker v home worker, Lapsed warnings, TUPE transfers

We are seeing a series of important decisions from the Employment Appeal Tribunal (EAT) addressing key points in modern employment law. Much emphasis is on the statutory procedures, as seen in previous briefings, but this month the focus is on three decisions of President Elias on fundamental issues of longer-standing law.

THE WORKER DEFINITION

James v Redcats (Brands) Ltd [2007] UKEAT 475/06, [2007] All ER (D) 270 (Feb) is a rare example of the worker definition having to be considered in the context of a national minimum wage (NMW) claim—as opposed to the more usual context of working time, particularly holiday pay. While the statutory definition is the same, the NMW provenance did have one specific effect towards the end of the judgment, given by Elias P sitting alone.
The question was whether a parcel courier delivering for the respondent was a ‘worker’ or alternatively a ‘home worker’, under the National Minimum Wage Act 1998 (NMWA 1998),
s 35, for the purpose

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MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
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