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Employment law brief: 13 December 2018

13 December 2018 / Ian Smith
Issue: 7821 / Categories: Features , Employment
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​In his December brief Ian Smith rounds off the year & leaves a few treats underneath the Christmas tree

  • Private hire vehicles & ‘worker’ status.
  • Employee rights while receiving long-term sickness insurance.
  • Carrying forward untaken statutory holidays: the obligations of the employer.

As you, gentle reader, read this on Christmas Day afternoon, in your study hiding from the family and other seasonal irritants, you will see that the cases below illustrate several different types of issue in employment law at the moment. The first (on the worker status of drivers of private hire vehicles) is an example of a highly topical area where the Employment Appeal Tribunal (EAT) is still feeling its way on ‘gig economy’ problems as we await further guidance from the higher courts. The second (on an employee’s rights not to be dismissed if that would frustrate his or her continued receipt of long-term sickness insurance payments) is by contrast a very old problem, previously called ‘the PHI cases’, which can still rear up and bite the unwary

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Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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