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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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MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

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The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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