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Employment law brief: 14 July 2023

130124
Back to school already? Ian Smith sets out some instructive lessons from the courts on the definition of a worker, the conduct of disciplinary hearings, & the perils of making a mistake
  • The ‘worker’ definition and the use of a service company.
  • Who should conduct the disciplinary hearing in a misconduct dismissal case?
  • Can a judgment be reconsidered because of an error by a representative?

Three fairly fundamental questions are considered (and largely settled) by the cases considered this month. In the first case, the well-worn law on ‘worker’ status had to be applied to the novel (to employment law) context of the person claiming that status post-termination, having operated during their engagement through the intermediary of a service company. The result is instructive. In the second case, the Employment Appeal Tribunal (EAT) reconsidered the question of the fairness of a misconduct dismissal where the dismissing manager does not actually hear the disciplined employee, but relies on a report from an investigating officer. The pre-existing

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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