Sarah King Employment Solicitor Northampton

Excello Law

01832 776464

You are here: Home / Archives for employment status

Employment law update 2020 – 5th February 2020

by Leave a Comment

Employment Law Update 2020

As we bring in a new decade, we take some time to review some key developments in the last decade in employment law. We will look at technological advances and their HR impact. We will review the current position on status and holiday pay. We will provide an insight into the Tribunal system. As well as looking at some key legislation and cases from the last 12 months and onto the horizon for this decade and what we can expect including from Brexit and the conservative manifesto.

Following on from the success of our past annual seminars on GDPR for HR, Employment law issues for 21st Century businesses and Rogue Employees, this year our experienced team bring you an update on business critical issues that face your business.

Are you conscious of the developments but unsure how best to protect your business?

Don’t wait until it’s too late. Join us for our update seminar to identify the opportunities and threats for your business. We will cover:

  • Technological advances – their impact on our working lives
  • Holiday pay – input from Europe
  • Employment status – where are we now?
  • Employment Tribunals – the changing landscape
  • Top 3 cases from 2019
  • Legislation on the horizon for 2020

We will look at how these all impact your business from an employment law and HR prospective. Practical guidance and tips will be given as well as time for questions and answers. Delegates will be brought up to date and take away practical tips for their business.

Delivered by:

Sarah King, experienced Employment law solicitor and Judge

Join us on:
Wednesday 5th February 2020 9.30am – 12.00 noon
Harrowden Hall, Wellingborough, NN9 5AD

Cost

  • Free to businesses who employ staff (1 space per company unless agreed otherwise)
  • Free to all existing clients (no spaces limit)
  • £25 plus VAT for additional spaces and for students or other interested parties

Secure your place

Book your place

The venue details

Harrowden Hall

Wellingborough
Northamptonshire
NN9 5AD

Unpaid director and shareholder was an employee

by Leave a Comment

deductions from wagesThe Court of Appeal has upheld the Tribunal’s decision that a director and shareholder was an employee and a worker within the meaning of the Employment Rights Act 1996.  This was notwithstanding the fact that the director had performed part-time work for the company without pay for over three years.  The fact that the parties had not expressly agreed a term about pay did not mean that there was no contract between them.

The Court in Stack v Ajar-Tec Ltd [2015] said it was open to the Tribunal to imply a term that the director would be paid a reasonable rate from a reasonable starting date in order to give business reality to the arrangements between them.  Whilst a contract may be created expressly or by implication, so too it may be formed partly expressly and partly by implication.  It was not fatal that the three parties in the business had failed to expressly agree a term concerning pay. It held that the Claimant was both an employee and a worker. He was thus entitled to pursue his claims for constructive unfair dismissal and unlawful deductions from wages.

Employment Status

by Leave a Comment

employment solicitor ketteringTwo recent cases have impacted on the law of employment status. Firstly, in the case of Secretary of State for Business, Innovation and Skills v Knight, the Employment Appeal Tribunal held that an employee for the purposes of the Employment Rights Act 1996 did not have to receive pay in order to gain that status. In this case, the individual was the Managing Director and sole shareholder of her employer. She had forgone salary for a period of two years in the attempt to keep the company afloat, which subsequently failed. She then claimed a redundancy payment from the Insolvency Service under section 166 of the Employment Rights Act 1996. This was originally denied as the Insolvency Service stated that she was not employee by virtue of the fact that she had not been paid.
Secondly, in the Supreme Court case of Clyde & Co v Bates van Winkelhof, it was held that a member of the LLP had worker status and could thus claim the associated rights that come with that status. This particular case involved a fixed share equity partner of a firm of solicitors. The partner had brought a claim under the whistle blowing provisions and the point for appeal concerned whether the Claimant was a worker or not and thus entitled to claim protection under the whistle blowing provisions. The case has been remitted back to the Employment Tribunal to be heard on its merits. It is nevertheless an important decision concerning LLP member status when considering a number of worker rights.

Is a consultant a worker or an employee or neither?

by Leave a Comment

worker or employee?Whilst fact sensitive, the EAT has upheld the Tribunal’s decision in Halawi v WDFG UK Ltd (t/a World Duty Free) and another 2013, that a beauty consultant was not in employment under the Equality Act 2010 s83. The Claimant provided her services through a limited company to an agent who then supplied staff to a third party to work in a duty free outlet. The Tribunal had applied the correct test by looking at the reality of the working relationship and considering mutuality of obligations, control and the reality of substitution.

The case is however a useful reminder that when assessing employment status the parties should refer to the established principles in the leading case of Jivraj v Hashwani which sets out a detailed analysis of the key cases both in the UK and EU law in this area.

Our latest events

My latest Tweets

Latest training

Our Address

Meetings by appointment at:
The Hall
Thorpe St
Raunds
Wellingborough
NN9 6LT

Correspondence address:
Excello Law Ltd
5 Chancery Lane
London
WC2A 1LG

Other offices:
Chester, Leeds & Liverpool

Sarah King t/a SK Employment Law is not a firm of solicitors. Sarah King is a consultant solicitor at Excello Law Limited and legal services are provided by Excello Law Limited which is authorised and regulated by the Solicitors Regulation Authority under SRA number 512898.