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Employment law brief: 23 March 2007

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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