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08 December 2023 / Ian Smith
Issue: 8052 / Categories: Features , Employment
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Employment law brief: 8 December 2023

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Ian Smith (not pictured) sees out the year with some employment bangers
  • Casual workers—Art 11 relevant?
  • Partners are not employees of a business engaging the partnership.
  • Does use of employer’s internal procedures constitute affirmation of contract?

The key development last month was the awaited decision of the Supreme Court in the Deliveroo case. The decision of the Central Arbitration Committee (CAC) that the riders were not workers in domestic law was not being challenged by this stage, reliance being placed instead on Art 11 of the European Convention. However, the result shows that, as in the past, arguments about the application of that article to the specific context of trade union rights can be one step forward and two steps back. The other two cases considered here concern two well-worn employment law conundrums (conundra?)—the legal position of partners and whether use of an employer’s internal procedures by a departing employee can ever be thrown back at them by the respondent employer as constituting affirmation of contract. The former is interesting

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Weightmans—Jason Slatcher

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Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

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Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
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