header-logo header-logo

08 March 2018 / Ian Smith
Issue: 7784 / Categories: Features , Employment
printer mail-detail

Employment law brief: 8 March 2018

nlj_7784_smith

At last! Ian Smith brings clarity & some common sense to working hours, terms & divisions

  • Statutory rights for agency workers.
  • Employer knowledge and opinion.
  • Division, practice & procedure.

Clarification is the name of the game in the three cases covered in this update:

(i) that an agency worker’s statutory rights to (certain) equal terms cannot be bought out by paying a higher hourly rate (but also that the phrase ‘duration of working time’ does not mean that the agency worker must be hired to work the same number of hours as a permanent worker);

(ii) that an employer in a disability case may reasonably rely on advice from an occupational health or other similar department, as long as it does not just rubber stamp it; and

(iii) that a contract action brought before a tribunal under the Extension of Jurisdiction Order must be against the employer itself, not some other party. In a sense, all of these seem fairly obvious but, although the decisions all come down on that

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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
back-to-top-scroll