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22 May 2008 / Ian Smith
Issue: 7322 / Categories: Features , Employment
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Employment Law Brief: 22 May 2008

illegality and tax status
burden of proof and automatic unfairness
protection from harassment

Several years ago, one learned lord justice said extra-judicially that he had always thought that slavery had been abolished in this country until he had been appointed to the Court of Appeal. That sentiment has perhaps been borne out in the employment law sphere with a sudden rush of cases in that court in the last month.

In Kalwak and another v Consistent Group Ltd  [2008] EWCA Civ 430, [2008] All ER (D) 394 (Apr) the court overturned a well known decision of the Employment Appeal Tribunal (EAT) extending employment status (and hence protection) to Polish workers imported into this country by an agency whose documentation then went out of its way to deny any employment relationship. The decision was largely because of defective reasoning by the tribunal and the result was that the case was remitted for a rehearing (which will be interesting).

In Amicus and others v Dynamex Friction Ltd and another [2008] EWCA Civ 381,

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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