employment status
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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
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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