The Significance of Expert Witnesses within the Adversarial Legal Framework
In the adversarial legal system, where contesting sides must unambiguously present their respective cases before an impartial adjudicator, the role of expert witnesses takes on added importance in the pursuit of justice. Without these specialized individuals whose knowledge sets them apart, the principal function of which is to enhance the understanding of the difficult and […]
New Vento Bands from 6 April 2022
New Vento bands for injury to feelings and psychiatric injury have been released by the Presidents of England & Wales and Scotland. A fifth addendum to the Presidential Guidance (which was originally published on 5 September 2017) was published on 28 March 2022. The addendum updates, but does not otherwise replace, the first, second, third […]
Deliveroo Riders Not Employees , Appeal Court Agrees
In what is the fourth ruling determining that Deliveroo riders are self – employed, the UK Court of Appeal has confirmed that the riders are classified as self – employed , dismissing an appeal by the IWGB union. This fourth ruling follows decisions by two High Court judgements and the Central Arbitration Committee.Riders for Deliveroo […]
UPDATES ON THE GOVERNMENT COVID-19 RULINGS
Since March 20th, when the Government set out a wide range of measures to help both employers and employees as a result of the Covid-19 epidemic, things have moved on apace. Rishi Sunak, Chancellor of the Exchequer, sought from the start, to tackle the likely hardship that employees will suffer and to help businesses to […]
Royal Surrey County NHS Foundation Trust v Drzymala
A doctor was employed on a series of fixed-term contracts.Her last contract was not renewed because her employer decided to make a permanent appointment to the role she had been performing. She interviewed for the position but was unsuccessful after a competitive recruitment process. Her employer mentioned an alternative role in a lower ranking post […]
Supreme Court Rules on “Self-Employed” Plumber
The long – awaited Supreme Court ruling in the landmark Pimlico Plumbers case has upheld previous decisions that an ostensibly “self – employed” plumber was in fact properly classified as a “worker” with valuable employment rights under UK law (including discrimination protection and holiday pay).The ruling is important because of its the likely impact on […]
Attempt to enforce Re-engagement remedy with an injunction fails
It is a well trodden path that employment tribunals may order an unfairly dismissed employee to be re-engaged. It has also been accepted that the employer’s failure to comply results in (not a particularly hefty) additional compensatory award. The attempt by one clever lawyer to enforce that re-engagement order via an injunction has flopped in […]
ECJ holds that employers must record daily working time
In the case of Federación de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, ECJ 14.5.19 (C-55/18).The ECJ considered the extent of employer’s record-keeping obligations in relation to the provisions of the EU Working Time Directive on maximum weekly working time and daily and weekly rest. Article 31(2) of the Charter of Fundamental Rights of the European […]