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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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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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