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Employment

Unpaid holiday – back claims

In December 2017, the ECJ held that self-employed contractors who are, in fact, workers can claim back paid annual leave going back many years once their ‘worker’ status is established. 
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IR35 – phased abolition

IR35 is designed to combat tax avoidance. It has been relied upon by end users who use independent contractors via personal services companies. 
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Incompetence – not discrimination

The CA has held that an incompetent process does not amount to discrimination.
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Uber drivers – ‘workers’

While on the subject of Uber, the CA has recently considered an appeal against the EAT decision on the status of Uber drivers.
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Non-disclosure agreements – NDAs

An NDA is a legally binding contract to not disclose confidential information. 
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Whistleblowing – staff liability?

ERA 1996 gives whistleblowing ‘workers’ these rights:
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GDPR – employers

The General Data Protection Regulation (GDPR) came into force in May 2018. The GDPR is a Europe-wide provision which aims to give individuals control over how their personal data is stored and used.
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GDPR – special personal data

The situation relating to ‘consent’ under the GDPR becomes more complex when processing ‘special category’ personal data. 
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Unpaid work trial – guidance

Employers are required to pay the national minimum wage or national living wage to those who ‘work’ for them. 
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Vicarious liability – employees fighting

Rather like buses, we can wait a long time for a court decision on a topic such as vicarious liability and then three come along at once.
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Disputed will – guidance; procedure
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What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
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Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
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RICS – service charges
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We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
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A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
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In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
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The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
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The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...

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