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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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