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30 June 2016 / Ian Smith
Issue: 7705 / Categories: Features , Employment
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Employment law brief: 30 June 2016

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Ian Smith examines cases from a smorgasbord of employment areas

  • Casual workers and their rights (or lack thereof) under the discrimination legislation.
  • Settling a hitherto open point on damages for breach of working time rights.
  • Discrimination statute: discriminatory policies and the perennial question of territorial jurisdiction.
  • Check-off system for the collection of union dues by the employer.

Five cases have been chosen for this month’s brief, from widely different areas. The most first and important concerns casual workers and their rights (or lack thereof) under the discrimination legislation. In it, the Court of Appeal disapproved of a move towards greater protection for such workers that had been proposed in an innovative decision of Judge Clark in the Employment Appeal Tribunal (EAT). Those advising such clients will want to read it carefully. The good news is that ultimately these are still matters of fact in individual cases, but the bad news is the emphasis against “employee/worker” status if there is lack of mutuality. The second case settles a hitherto

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EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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