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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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