When disciplinary processes and non-compete clauses implode
Many modern companies insist on the inclusion of restrictive covenants to limit the freedoms of employees upon the termination of their contracts. However, the High Court recently reinforced the
Early termination of probation can constitute wrongful dismissal
The claimant began employment as a Contracts Coordinator on 23 January 2023, subject to a contractual 6-month probationary period, one which required 5 weeks’ notice for termination. The contract
Tread carefully when using temporary contracts to confer tax breaks
A recent ruling has established that temporary worker arrangements do not constitute a single, continuous employment relationship in which workers retain the unfettered right to refuse assignments.
Beware of the risks of engaging employees as sham contractors
Recently, a clear legal precedent confirmed that the nature of an individual’s work is determined by the reality of the actual employment relationship rather than by arbitrary titles. Mr. Gooch worked
Don’t be tempted to withhold pay as a form of leverage
Ms Constantine had been a veterinary surgeon since 2017. Initially, she had worked every day with two half days rest, but this increased to four full days and a weekend every three weeks. Moreover,
Risks of engaging employees as sham contractors
Recently, a clear legal precedent confirmed that the nature of an individual’s work is determined by the reality of the actual employment relationship rather than by arbitrary titles. Mr. Gooch worked
Don’t rush to judgement over pending tribunal claims
Mr. Aslam, a former Metroline employee, applied to another bus company on 13 April 2019, disclosing that he suffered from partial hearing loss, depression, anxiety, insomnia and stress, and was
Balancing access to justice and abuse of process
An extended civil restraint order (ECRO) was issued against a prolific Employment Tribunal (ET) litigant for presenting repeated and baseless claims.
A Mr. Khan has been described as a prolific
Tripartite arrangements don’t necessarily enable an agency to escape accountability
The question was raised as to whether, in a tripartite agency relationship, an employment relationship exists between an employee and their intermediary agency. For instance, Ryanair DAC employs some
A magical clause does not necessarily nullify employment status
A recent ruling has provided a timely reminder that substance trumps form in employment status disputes, and the mere insertion of a clause does not automatically change the employment status of
