Employment Law Blog
Employment Status: Do you really want to be an Employee?
We have clients, both employers and individuals, who want their relationship to be one of self-employment, rather than employment. This is because the employment relationship is more highly regulated (and so more costly) than self-employment; and self-employment may have tax advantages for both parties. But employment status can be [...] Continue Reading…
Redundancy Law: Is it fair to have a selection pool of one?
When employers make redundancies, they usually know the staff they least want to keep. This was certainly true for me, when I was at The Law Society and needed to lose 10 posts in 1990.
But employment law requires a sophisticated ‘objective’ process to identify the jobs to go. The [...] Continue Reading…
Unfair Dismissal: Redundancy or Restructuring?
In Samsung Electronics (UK) Ltd v Monte-D’Cruz [2012] UKEAT/0039/11, the employment tribunal found Mr Monte-D’Cruz’ dismissal unfair and awarded him £64,722.
Mr D’Cruz’ job as ‘Head of OS Reseller’ was redundant in a restructuring to combine four senior roles into one ‘Head of Sales – Print’. He was interviewed for [...] Continue Reading…
Additional Jubilee Bank Holiday-Do Employers have to allow staff time off or not?
There will be an additional Bank holiday on Tuesday 5 June 2012 to commemorate the Queen’s Diamond Jubilee. In addition, the spring bank holiday, which usually falls on the last Monday in May, will be put back to Monday 4th June creating a four day weekend during which there [...] Continue Reading…
Age Discrimination: is compulsory retirement at 65 lawful?
Leslie Seldon was an equity partner in a Kent firm of solicitors, Clarkson, Wright & Jakes.
The partnership deed had a retirement age of 65. But as Mr Seldon reached his 65th birthday, he realised that he could not afford to retire. He asked his partners if he could [...] Continue Reading…
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