IR35 reforms – The off-payroll working rules currently applying to the public sector will be extended to large and medium-sized businesses in the private sector from April 2020. IR35 aims to combat tax avoidance by workers supplying their services to clients via personal service companies (PSC).
The Employment Appeal Tribunal has confirmed that an employee can claim victimisation if they act honestly, even if the discrimination allegation they made was made for an ulterior motive.
The Court of Appeal decided that a serious assault by the company’s managing director at spontaneous post-Christmas party drinks which resulted in an employee suffering brain damage was sufficiently connected to the managing director’s job for the company to be vicariously liable for the employee’s injury.
The Court of Appeal has found that supermarket chain Morrisons was vicariously liable for the actions of a rogue employee who, driven by a grudge against the company, took payroll data relating to 100,000 employees and published it online.
The government has published a technical notice on workplace rights in the event of a no-deal Brexit
Draft legislation has been published to implement a package of corporate governance reforms aimed at increasing boardroom accountability
The Court of Appeal has considered whether discrimination arising as a result of disability occurred where the employer dismissed a disabled employee without knowing that the misconduct arose from their disability.
The EAT has found that an employee on a zero hours contract was an agency worker because of the temporary nature of his assignment
Evidence does not have to be provided to a third party or court if it is privileged. Legal advice privilege applies to confidential communications between lawyers and their clients if it is made for the purpose of seeking or giving legal advice. However, legal advice privilege does not apply if the advice is given for the purpose of facilitating crime or fraud (the iniquity exception). The EAT recently considered whether an email that suggested ‘cloaking’ discrimination in a redundancy exercise was covered by legal advice privilege
The practical impact of the abolition of employment tribunal fees in July 2017 is now being felt