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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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