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Employment law brief: 7 June 2018

07 June 2018 / Ian Smith
Issue: 7796 / Categories: Features , Employment
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Ian Smith tackles ‘no oral variations’ clauses, zero-hour contracts & who qualifies as a ‘worker’

  • Cycle courier qualifies as a ‘worker’.
  • Zero-hours part-timer can claim a valid comparison.
  • ‘No oral variation’ clauses effective; effect on ‘entire agreement’ clauses.

In a month when we have all been assailed by frantic emails from all sorts of weird and wonderful organisations wanting to stay our best friends after the GDPR came into force (the usual response of most of us being a maniacal laugh and an audible ‘you must be joking’), the one point of primary importance for employment lawyers about the new Regulation is that the view of the Information Commissioner’s Office is that it does not affect its long-standing Employment Practices Data Protection Code (see Harvey at s [1801]), which continues to apply and for which there are no current plans for replacement.

Turning to the case law this month, the three cases below all concern issues relating to contracts of employment – (1) the basic definition of a ‘worker’

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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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