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13 December 2018 / Ian Smith
Issue: 7821 / Categories: Features , Employment
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Employment law brief: 13 December 2018

​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

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MOVERS & SHAKERS

Debevoise & Plimpton—Mary Lavelle

Debevoise & Plimpton—Mary Lavelle

Debevoise expands London secondaries team with addition of Mary Lavelle

Excello Law—Hestia Private Client

Excello Law—Hestia Private Client

Excello Law welcomes ex-Irwin Mitchell team to launch Hestia Private Client

Carpmaels & Ransford—Christopher Stothers

Carpmaels & Ransford—Christopher Stothers

Heavyweight patent litigator will bolster Carpmaels Ransford’s rapidly growing Litigation team as firm marks its 250th anniversary

NEWS
Lawyers have welcomed plans to create specialist rape and serious sex offences courtrooms at every Crown Court
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
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