Time-travelling (for purposes of calculating the national minimum wage), successive fixed-terms contracts, a ‘pool of one’ redundancy and ‘economic activity’ are all covered in this week’s NLJ employment brief
Ian Smith, professor of employment law at Norwich Law School, UEA, looks at four recent Employment Appeal Tribunal (EAT) cases. First, under what justification can an employer keep someone, a locum consultant, on successive fixed-term contracts for four years without them becoming an employee? Smith notes ‘there has been little case law on this for several years’, so the decision is of interest as a factual example.
Other cases considered whether employees should be paid for time spent on a poultry farm bus to their sheds, redundancy unfairness and what qualifies as ‘economic activity’ under TUPE.
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