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

Pillsbury—Peter O’Hare

Pillsbury—Peter O’Hare

Partner hire bolstersprivate capital and global aviation finance offering

Morae—Carla Mendy

Morae—Carla Mendy

Digital and business solutions firm appoints chief operating officer

Twenty Essex—Clementine Makower & Stephen Du

Twenty Essex—Clementine Makower & Stephen Du

Set welcomes two experienced juniors as new tenants

NEWS
The High Court’s decision in Mazur v Charles Russell Speechlys has thrown the careers of experienced CILEX litigators into jeopardy, warns Fred Philpott of Gough Square Chambers in NLJ this week
Sir Brian Leveson’s claim that there is ‘no right to jury trial’ erects a constitutional straw man, argues Professor Graham Zellick KC in NLJ this week. He argues that Leveson dismantles a position almost no-one truly holds, and thereby obscures the deeper issue: the jury’s place within the UK’s constitutional tradition
Why have private prosecutions surged despite limited data? Niall Hearty of Rahman Ravelli explores their rise in this week's NLJ 
The public law team at Herbert Smith Freehills Kramer surveys significant recent human rights and judicial review rulings in this week's NLJ
In this week's NLJ, Mary Young of Kingsley Napley examines how debarring orders, while attractive to claimants seeking swift resolution, can complicate trials—most notably in fraud cases requiring ‘particularly cogent’ proof
back-to-top-scroll