Employment

News

royal courts of justice - Top 20 Cases

Deliveroo calls on 11KBW in human rights case

Less than a week after the landmark Pimlico Plumbers ruling, online food delivery company Deliveroo has turned to Lewis Silkin and 11KBW to defend it after a High Court judge gave the go-ahead for a judicial review. On Friday Mrs Justice Simler overturned a previous High Court decision and granted permission for the Independent Workers […]

Supreme Court

Mishcon felled by four-lawyer firm in landmark Pimlico Plumbers case

In a David and Goliath battle, Mishcon de Reya client Pimlico Plumbers has lost its final appeal against a former employee in a long-running feud over workers’ rights. The five judges unanimously agreed that claimant Gary Smith was a Pimlico Plumbers employee during his time working for the company and not, as Pimlico Plumbers was […]

Germany office

Linklaters raids Freshfields for German employment partner

Linklaters has hired Freshfields Bruckhaus Deringer partner Timon Grau to join its German practice. Grau will join the firm in March and split his time between its Düsseldorf and Frankfurt offices. He began his career in 2006 with Freshfields in Cologne before moving to Frankfurt. He made partner in 2014. Meanwhile, Frankfurt-based British partner Matthew Devey […]

Analysis

Featured briefings

Sentencing Council publishes gross negligence manslaughter definitive sentencing guideline

The penalties imposed on individuals for fatal accidents in the workplace are set to increase after the Sentencing Council for England and Wales published its definitive sentencing guideline for gross negligence manslaughter. Walker Morris health and safety experts, Stuart Ponting and Robert Starr, consider the new guideline and the implications for employers and directors…

Employers: Capability procedures explained

By Michael Briggs This month, in our Breaking Down the Handbook series, we look at capability policies and why they are a useful tool for employers to have when it comes to dealing with poor performance…

Are parent companies liable for violations by overseas subsidiaries?

By Kieran Laird There have been several cases in recent years in which the courts have considered whether it is permissible to bring a tort claim against a UK parent company in relation to alleged human rights breaches by its overseas subsidiary. The Court of Appeal has again considered the issue in AAA & Ors. […]

Successful appeals cancels dismissal

By Russell Bailey In Patel v Folkestone Nursing Home Ltd [2018] EWCA Civ 1689 the Court of Appeal gave clarification on the correct approach to a “fudged” appeal against a dismissal. Was there a dismissal or not?

Harassment and insubordination at the workplace in Romania

An organisation should be able to make clear what is permitted as strong management and what is considered as misuse of power and harassment, just as it should be able to explain when employees in subordinate positions can express their thoughts and when such behaviour crosses the line and becomes insubordination and harassment of their […]

Artificial Intelligence in the Workplace (Part 3) – AI and gender equality

By Darran Brennan and Catherine O’Flynn In our Artificial Intelligence (AI) in the Workplace article series we are considering the potential positive impacts that AI could have on the workplace and the possible amendments required to Irish employment law to allow these to happen. In our opening article in the series we identified gender inequality […]

Collective redundancy consultation: How it should be done?

By Antonia Blackwell Following on from our previous article covering the process employers should follow in an individual redundancy consultation, we now focus on the practical steps an employer should go through to ensure compliance with the collective consultation process…

Special delivery: Court of Amsterdam: deliverer Deliveroo is not an employee

Nowadays, the platform employee has become an integral part of society and Uber, Deliveroo, Foodora and Temper are the key players in the street scene. While developments in the digital age are taking place at a rapid pace, the legal system does not seem to be able to keep up with these developments. Last week […]

Sports clubs: playing fair with national minimum wage

By Danielle Ingham Every few months, the government releases a list of employers who have failed to pay their employees the national minimum wage (NMW). The most recent round of naming and shaming has revealed that no less than ten professional sports clubs have fallen foul of the NMW legislation ­and this isn’t a new […]

The requalification of service contracts to employment contracts in Romania

From 2017, Romanian law empowers labour office inspectors to determine if an activity performed under a “work for hire” contract, i.e., based on a contract other than an employment contract, is in fact rendered under the conditions of an employment relationship. However, Romanian labour law does not specify the criteria based on which the authorities […]

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