header-logo header-logo

Employment law brief: 13 December 2018

13 December 2018 / Ian Smith
Issue: 7821 / Categories: Features , Employment
printer mail-detail

​In his December brief Ian Smith rounds off the year & leaves a few treats underneath the Christmas tree

  • Private hire vehicles & ‘worker’ status.
  • Employee rights while receiving long-term sickness insurance.
  • Carrying forward untaken statutory holidays: the obligations of the employer.

As you, gentle reader, read this on Christmas Day afternoon, in your study hiding from the family and other seasonal irritants, you will see that the cases below illustrate several different types of issue in employment law at the moment. The first (on the worker status of drivers of private hire vehicles) is an example of a highly topical area where the Employment Appeal Tribunal (EAT) is still feeling its way on ‘gig economy’ problems as we await further guidance from the higher courts. The second (on an employee’s rights not to be dismissed if that would frustrate his or her continued receipt of long-term sickness insurance payments) is by contrast a very old problem, previously called ‘the PHI cases’, which can still rear up and bite the unwary

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll