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Employment law brief: 8 April 2022

08 April 2022 / Ian Smith
Issue: 7974 / Categories: Features , Employment
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Making history: Ian Smith performs a perfect loop-the-loop & serves up three significant Court of Appeal decisions

In brief

  • ‘Worker’ definition—no need for an irreducible minimum of obligation.
  • Detriment on union grounds does not extend to taking industrial action.
  • Directors/CEOs and employment status—the EU law angle.

Apart from the usual spate of annual changes in the run-up to the beginning of April (the increase of the various employment protection limits, the up-rating of the national minimum wage and relevant social security benefit, a review of the Vento scales for injury to feelings awards by the employment tribunal (ET) presidents and, this year, two replacement immigration law codes of practice for employers on the operation of the civil penalty scheme for employing illegal workers and how to avoid unlawful discrimination when using the system) this has been a relatively quiet month for employment case law in the Employment Appeal Tribunal (EAT). However, we have had instead three Court of Appeal cases.

The first two make important statements on historically difficult

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
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Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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