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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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