header-logo header-logo

Employment law brief: 7 June 2018

07 June 2018 / Ian Smith
Issue: 7796 / Categories: Features , Employment
printer mail-detail
nlj_7796_iansmith

Ian Smith tackles ‘no oral variations’ clauses, zero-hour contracts & who qualifies as a ‘worker’

  • Cycle courier qualifies as a ‘worker’.
  • Zero-hours part-timer can claim a valid comparison.
  • ‘No oral variation’ clauses effective; effect on ‘entire agreement’ clauses.

In a month when we have all been assailed by frantic emails from all sorts of weird and wonderful organisations wanting to stay our best friends after the GDPR came into force (the usual response of most of us being a maniacal laugh and an audible ‘you must be joking’), the one point of primary importance for employment lawyers about the new Regulation is that the view of the Information Commissioner’s Office is that it does not affect its long-standing Employment Practices Data Protection Code (see Harvey at s [1801]), which continues to apply and for which there are no current plans for replacement.

Turning to the case law this month, the three cases below all concern issues relating to contracts of employment – (1) the basic definition of a ‘worker’

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

Browne Jacobson—Matthew Kemp

Browne Jacobson—Matthew Kemp

Firm grows real estate team with tenth partner hire this financial year

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

NEWS
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
back-to-top-scroll