What is an employee? What is a worker? The answer to those perennially tricky questions has been illuminated by the Employment Appeal Tribunal’s ruling that elite cyclist Jess Varnish fell into neither category when she parted company with the British Cycling Federation (BCF). Ms Varnish was still at school when the BCF spotted her talent… Read more »
Free Support for Job Seekers
Our HR Division – Schofield HR – is offering free support for anyone who has been made redundant during this tough time. It’s been reported today by the Office for National Statistics that as a result of the Covid-19 pandemic, unemployment in the UK has increased to 1.3million and it is predicted to hit 4… Read more »
Selecting Staff for Redundancy? It Pays to Take Professional Advice First
The process of selecting staff for redundancy is fraught with legal pitfalls and seeking professional advice at the outset can in the long run save you from serious financial and reputational damage. In a case on point, a local authority reaped a whirlwind after mismanaging employment aspects of a school closure. The case concerned two… Read more »
Deductions From Pay and the National Minimum Wage – Guideline Ruling
Are ‘deductions’ from workers’ pay in respect of living accommodation and training costs to be viewed as ‘reductions’ capable of bringing their remuneration below the National Minimum Wage (NMW)? The Employment Appeal Tribunal (EAT) addressed that burning issue in an important test case. The case concerned a telemarketing company which required new employees to undergo… Read more »
Football – COVID-19 Abandonment of Cymru Premier League Season Justified
Football seasons worldwide have been disrupted by the COVID-19 pandemic and some clubs have inevitably been left feeling hard done by. In a unique High Court case, the response to the crisis of the Football Association of Wales (FA Wales) came under intense judicial scrutiny. FA Wales suspended the football season in its territory on… Read more »
Secret Marriage Leads to Legal Complications – High Court Ruling
It is not only in the realms of fiction that lovers choose to marry in secret, away from the gaze of their disapproving families. A highly unusual High Court case, however, showed the legal difficulties that can arise from such arrangements. The case concerned a former couple who, without telling their families, went through a… Read more »
Workplace Zero-Tolerance Policies Can Be Legally Hazardous
Many employers quite understandably treat certain forms of misconduct particularly seriously, but the adoption of so-called ‘zero-tolerance’ policies is replete with legal pitfalls. That was certainly so in the case of the Home Office’s tough stance on employee misuse of its IT systems. The case concerned a qualified barrister who was an exceptionally effective and… Read more »
Can Contract Adjudications Be Fairly Held During COVID-19 Lockdown?
Speedy and cost-effective dispute resolution is the primary aspiration of the contract adjudication regime – but to what extent can that be fairly achieved during the COVID-19 pandemic? The High Court confronted that issue in a guideline case. A woman asserted that she had been overcharged by a building company for works carried out on… Read more »
Government Wheels Out Big Guns to Fight Freedom of Information Requests
Almost any inquisitive person would love to know more about the inner workings of government. However, as a highly unusual tribunal decision showed, unrestrained freedom of information can have a chilling impact on effective policy-making. The day after the Department for Culture, Media and Sport changed its name to the Department for Digital, Culture, Media… Read more »
Renting Out Your Home on Airbnb? Are You Sure You’re Entitled to Do So?
Tenants should take professional advice before renting out their homes to short-term paying guests via Airbnb, Booking.com or other internet booking sites. In a case on point, a couple who failed to take that sensible step placed themselves in jeopardy by breaching the terms of their lease. The couple held their flat under a 125-year… Read more »