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18 June 2014 / Ian Smith
Issue: 7611 / Categories: Features , Employment
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Employment law brief: 18 June 2014

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Ian Smith considers the latest employment law developments

Three cases in the last month have addressed issues of current concern in employment law, namely nil-hours contracts, the employment status of partners and how to calculate holiday pay when the employee is remunerated other than simply by basic rates. These all contain important explorations of fundamental principles but the other thing that links them is that there must be the strong feeling in relation to each that considerably more will need to be decided about them in future litigation.

Nil-hours contracts: the problems start to crystallise

The question of the status of those on “nil-hours contracts” has recently taken on some political controversy. The decision of Judge Shanks in the Employment Appeal Tribunal (EAT) in Saha v Viewpoint Field Services Ltd UKEAT/0116/13 shows how difficult a question this can be and how reliant it is on factual findings. Interestingly, the judgment ends with a statement by the judge that this is an area in need of legislative reform.

The claimant was

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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