Employment Newsletter

Welcome to the latest roundup from our barristers at 42BR Barristers Employment Practice, with the latest news and unique insights from our team.

Litigants in Person: a trap for the unwary
Looking for an easy Monday morning CPD fix?  This new EAT decision is for you.It’s a good example of what can happen when obvious questions are not asked of a litigant in person.  An expensive trip to the EAT could have been avoided if…Read more

A successful appeal to the Court of Appeal by 42BR Barristers’s Tim Adkin
An interesting and important case concerning the reversal of the burden of proof in discrimination cases. Please see the link below. This appeal concerned the discriminatory treatment of Bianca Durrant by the Police Officers of the Avon &…Read more

Employers starting to see struck out claims come back
This solicitor firm (noted below) has a client that received a claim that had been struck out due to non payment of fees. The employer was never notified of the claim in the first place which was issued in December 2016. The incident which formed…Read more

Is your client in danger of being shut down for breaching the Immigration Act?
Do you have employer clients who have sponsored overseas employees, or are considering doing so? Are they up to speed with their obligations under the Immigration Act 2016?The complexity of the new rules has led to a serious deficiency in…Read more

Would you like unlimited paid holiday?
Did you know that Netflix, LinkedIn and others do not have any limit on paid holiday for their staff?  And they seem to be doing quite well.Of course, most of the work perk examples in this article are from the USA, where there is no such…Read more

The march of the gig economy workers continues
Another Tribunal case confirms that those classified as self employed are not in fact self employed. For me, Judges are not immune to what is going on in the newspapers and Parliament and anyone advising in relation to a gig economy case has to…Read more

Uber-shock
Just announced: surprising decision by TfL?The appeal should be interesting…Read more

ACAS Early Conciliation – Worth the paper it’s written on?
The EAT has once again demonstrated that it is no fan of technical defences based on alleged defects in the ACAS early conciliation process.  In the latest case De Mota v. (1) ADR Network 7 (2) The Co-op Group Ltd UK…Read more

Shared Parental leave is not being taken up – why?
As can be seen in the quote below, the Shared Parental Leave scheme, which came into effect over two years ago, hasn’t had an enormous take up. This may reflect a lack of awareness or perhaps, more likely, is cultural. It has been suggested that…Read more

Be afraid… Be very afraid…
Ever had that sinking feeling, as a corporate client asks you about their data protection obligations?Well, data protection is about to get a whole lot more complicated… and expensive, if a company gets it wrong.The Data Protection Bill will…Read more

Brexit – a culture of discrimination?
Investigations are being made by the Government into allegations of discrimination against EU Nationals in terms of access to jobs and services.  The evidence presented demonstrates that some employers are clearly anticipating a time when free…Read more

Employment lawyers need to keep a careful eye on the Brexit legislation
This article makes the valid point that we all need to keep a careful eye on the Brexit legislation to see what the government plans to do with employment rights. Trade Unionist Frances O Grady makes a fair point that there are imaginative lawyers…Read more

A good reminder of the perils of suspending an employee: Agoreyo v Lambeth
The case summary is in the quote below, but broadly this is a good reminder to employers about the perils of suspension. Often it is a good idea in cases of potential gross misconduct and has been described in the case law as a ‘neutral act’. As…Read more

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25th Oct 2017