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09 February 2017 / Ian Smith
Issue: 7733 / Categories: Features , Employment
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Employment law brief: 9 February 2017

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Ian Smith provides a round-up of the latest notable employment law developments
  • The workings of the Agency Worker Regulations 2010 (given added complication by elements of fraud and insolvency).
  • When gross misconduct (meriting summary dismissal) can arise from gross negligence.
  • How the exercise of a contractual mobility clause fits into redundancy law.

As a matter of strict precedent, employment lawyers tend to be wary of placing too much emphasis on decisions at employment tribunal level, but there are occasions where such decisions can start to show the way the judicial wind is blowing, especially where they are newsworthy. Three months ago we saw the tribunal decision in the Uber taxi case, holding two Uber drivers to be “workers” for the purpose of minimum wage and working time rights. The companion case of Dewhurst v City Sprint (UK) Ltd Case no 2202512/2016 (5 January 2017) concerning a cycle courier working in London has now also been heard at first instance, again establishing “worker” status and hence entitlement to statutory holidays. The

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MOVERS & SHAKERS

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Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

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Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

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IP firm promotes litigator to partnership

NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

NLJ this week: Social media bans for children spark legal dilemmas
Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
NLJ this week: Split FDRs could ease pressure—and boost settlements
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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