David Malamatenios is a partner, and Colin Makin and Krishna Santra are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Court of Appeal has given guidance on employment status for the purposes of discrimination claims where a person provides services through his or her own business.
David Malamatenios is a partner and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Supreme Court has restored the employment tribunal decision that a minister of religion was not an employee and could not therefore claim unfair dismissal.
Claire Thomas is managing associate, and Chris McAvoy, Joelle Parkinson, David Rintoul, and Gerri Hurst associates at Addleshaw Goddard LLP. They round up the latest rulings.
In Local Government Yorkshire and Humber v Shah EAT/0587/11 & EAT/0026/12, the EAT held that the potential uplift in compensation awarded where an employer unreasonably fails to comply with the "Acas code of practice on disciplinary and grievance procedures" applies only in the case of employees. A worker who was subjected to an unlawful detriment was not entitled to an uplift.
The Supreme Court has upheld the Court of Appeal decision that an unpaid volunteer with no contract was not protected by the (now repealed) Disability Discrimination Act 1995 and that the Equal Treatment Framework Directive (2000/78/EC) does not cover voluntary activity.
The Court of Appeal has held that a self-employed GP who provided hair restoration services for a private clinic was a "worker" for the purposes of the Employment Rights Act 1996.