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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
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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