employment status
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Case Round-Up: October 2012
In this month’s round-up, Mark Shulman consultant solicitor with Keystone Law looks at whether members of an LLP have worker status and also reviews recent cases in relation to whistleblowing compensation and how costs applications should be handled.
- resources
05/10/2012 10:43
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Clyde & Co LLP & Anor v Bates Van Winkelhof [2012] EWCA Civ 1207
Appeal concerning issues of whether a member of an LLP was entitled to bring whistle blowing and discrimination claims.
- cases
27/09/2012 08:45
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Knight v Fairway & Kenwood Car Service Ltd UKEAT/0075/12/LA
Appeal against an ET ruling that the claimant was not an employee so they could not hear his claim of wrongful dismissal. Appeal dismissed.
- cases
03/09/2012 17:15
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Local Government Yorkshire & Humber v Shah UKEAT/0587/11/ZT
Appeal against the level of award made to the successful claimant as a result of bringing a PIDA claim to the ET. Appeal allowed in part.
- cases
28/08/2012 09:34
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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
