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23 October 2014 / Ian Smith
Issue: 7627 / Categories: Features , Employment
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Employment law brief: 23 October 2014

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The latest employment law developments constitute shots across the bows for employers & employees, says Ian Smith

The three cases considered this month could be seen as having one theme, namely as containing the proverbial shot across the bows—in the first one for any employer still under the impression that taking someone on as a “casual” with gaps between engagements means that they have no rights at all, in the second one for any employee going to work abroad in a country not exactly known for supportive employment laws, and in the third one for any employee faced with a possible constructive dismissal situation but wanting to delay what may be the inevitable. Whoever said that life was meant to be simple? Certainly not an employment lawyer.

Keeping it casual

The crucial distinction between an “employee” and a “worker” is further explored in the decision of the Employment Appeal Tribunal (EAT) under Judge Clark in Windle v Arada UKEAT/0339/13, which adds a point of potentially considerable importance for the protection

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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