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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

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
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