employment status
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Pulse Healthcare Ltd v Carewatch Care Services Ltd & 6 Others UKEAT/0123/12/BA
Appeal against a ruling that the claimants were employees of the appellant within the meaning of s230 of the ERA. Appeal dismissed and the issue of whether their contracts of employment transferred under TUPE remitted for further deliberation.
- cases
06/08/2012 17:59
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Drake v IPSOS Mori UK Ltd UKEAT/0604/11/ZT
Appeal against a ruling that the claimant was a worker, not an employee, and so could not bring his claim for unfair dismissal. Appeal allowed and remitted to a fresh Tribunal for a re-hearing.
- cases
28/07/2012 09:06
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The Hospital Medical Group Limited v Westwood [2012] EWCA Civ 1005
Appeal against finding that the claimant was a worker for the purposes of the ERA where the claimant carried out the business under his own account. Appeal dismissed.
- cases
27/07/2012 08:33
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Case Round-Up: June 2012
In this month’s round-up, Mark Shulman consultant solicitor with Keystone Law looks at whether an equity member of a limited liability partnership has “worker” status, how Tribunals should approach compensation for discrimination where there is more than one Respondent and whether subsequently discovered misconduct could deprive a managing director of his contractual pay in lieu of notice.
- resources
10/06/2012 12:16
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CVS Solicitors LLP v Van der Borgh UKEAT/0591/11/JOJ
Appeal against a decision that the claimant was an employee so his claims could be heard at the ET. Appeal allowed and remitted to the same ET.
- cases
01/06/2012 17:39
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Bates van Winkelhof v Clyde & Co & Anor UKEAT/0568/11/RN
Appeal against a ruling that the claimant was not a limb (b) worker under s230(3) of the ERA 1996. Cross appeals against the ruling that the claimant’s whistleblowing and sex discrimination claims were justiciable in the Tribunal and against a disclosure order made in favour of the claimant.
- cases
13/05/2012 22:13
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Ajar-Tec Limited v Stack [2012] EWCA Civ 543
Appeal against decision in the EAT to remit claims that had been struck out by the ET because the judge had erred in finding that there was no contract between the claimant and the respondent. Appeal dismissed.
- cases
04/05/2012 17:16
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Case Round-Up: May 2012
In this month’s round-up, Mark Shulman consultant solicitor with Keystone Law looks at the implications of two key Supreme Court judgments on justifying age discrimination, explains why a lap dancer was found to be an employee and reviews two recent decisions on Tribunal costs orders and the ability to pay.
- resources
04/05/2012 16:32
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Quashie v Stringfellows Restaurants Ltd UKEAT/0289/11/RN
Appeal against a finding that the claimant, a lap dancer, was not an employee so could not bring a claim of unfair dismissal. Cross appeal alleging that if it was found there was an employment contract, it would be void for illegality in its performance. Appeal and cross appeal allowed.
- cases
27/04/2012 16:32
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London Borough of Camden v Pegg & Ors UKEAT/0590/11/LA
Appeal against a ruling that the first respondent was found to be the ‘principal’ within the meaning of s4B(9) of the DDA. Appeal dismissed.
- cases
21/04/2012 20:41
