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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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