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07 June 2018 / Ian Smith
Issue: 7796 / Categories: Features , Employment
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Employment law brief: 7 June 2018

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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’

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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