header-logo header-logo

08 December 2023 / Ian Smith
Issue: 8052 / Categories: Features , Employment
printer mail-detail

Employment law brief: 8 December 2023

150651
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll