employment status
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Case Round-Up: March 2012
In a new monthly piece, Mark Shulman, employment solicitor, picks out some of the key points from the previous month's cases, tackling employment status, jurisdiction and restrictive covenants.
- resources
09/03/2012 08:42
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O'Brien v Ministry of Justice C-393/10
Ruling after referral from the UK Supreme Court concerning whether part-time, fee-paid judges are workers or mere office holders and so not eligible for a pro-rata pension.
- cases
05/03/2012 09:03
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Cormie v Rodger T/A Dalneigh Post Office & Stores UKEATS/0036/11/BI
Appeal against a ruling the claimant was neither an employee nor a worker as at the date of dismissal. Appeal allowed.
- cases
17/02/2012 11:27
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Singh v The Members Of The Management Committee Of The Bristol Sikh Temple And Others UKEAT/0429/11/ZT
Appeal against a decision that the claimant was not a ‘worker’ within s54(3)(b) of the National Minimum Wage Act 1998. Appeal allowed and case remitted to a different Tribunal.
- cases
17/02/2012 10:20
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Tiffin v Lester Aldridge [2012] EWCA Civ 35
Appeal against finding that the claimant was a partner with the respondent, not an employee, therefore the ET had no jurisdiction to hear his claims. Appeal dismissed.
- cases
01/02/2012 15:47
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Connolly v Whitestone Solicitors UKEAT/0445/10/ZT
Appeal against a ruling by the ET that upheld that claimant’s claim that he was an employee but ruled that the case was tainted by illegality and thus the Tribunal could not hear his claims of unfair dismissal, breach of contract and holiday pay. Appeal allowed.
- cases
19/08/2011 15:55
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Autoclenz v Belcher & Ors [2011] UKSC 41
Appeal against finding that the claimants were workers for the purposes of the minimum wage and working time regulations, rather than being self-employed as claimed by the respondent. Appeal dismissed.
- cases
27/07/2011 11:30
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Duncombe and others v Secretary of State for Children, Schools and Families [2011] UKSC 36
Appeals concerning employment status of teachers employed overseas by the MoD
- cases
18/07/2011 09:28
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Stack v Ajar-Tec Limited UKEAT/0527/10/CEA
Appeal against a ruling at the pre-hearing that the Tribunal did not have the jurisdiction to hear the claimant’s claims of unfair dismissal and unlawful deductions because he was neither an employee nor a worker. Appeal allowed.
- cases
11/07/2011 08:20
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Williamson & Soden Solicitors v Briars UKEAT/0611/10/DM
Appeal against a ruling that the claimant was an employee and therefore the ET could hear his claims. Appeal dismissed.
- cases
11/07/2011 08:12
