Employment Law Revision Day with Mark McAllister

Published on 28 January 2019

Added by BT48 Admin

Mark McAllister from the Labour Relations Agency and Scott Alexander from Legal Island discussed the top 10 employment cases of the year, including any updates since our Annual Review of Employment Law conferences in November.

10. Bellman v Northampton Recruitment (‘unofficial’ after parties may be an extension of the workplace and employers held vicariously liable for damages)

9. Roddis v Sheffield Hallam University (zero hour workers are already protected under the Part-time worker regulations, brought into effect in NI in 2000)

8. Kocur v Angard Staffing Solutions (Agency workers can argue for separate rights where they feel there is a detriment. The failure to allow agency workers the same amount of leave cannot be compensated by a higher hourly rate)

7. East Kent Hospitals University NHS Foundation Trust v Levy (there can be ambiguity in resignations)

6. Various Claimants v WM Morrisons Supermarkets (employers can be held liable for the criminal acts of disgruntled employees)

5. Jet2.com v Denby (What is meant by trade union membership? The claimant had been refused employment owing to his earlier trade union activities and was therefore afforded protection owing to his membership. N.B. This case is due for appeal to the CA in Feb 19)

4. IWGB v Roo Foods (Deliveroo) (This case looked specifically at the construction and practice of the substitution clause. Key aspect: Riders were not workers as they were able to sub-contract out their work. Differentiates them from Uber drivers who are workers as opposed to independent contractors)

3. Brazel v Harpur Trust (The EAT ruled that part-time workers may receive proportionately greater holidays than their full-time counterparts)

2. Kostal v Dunkley (Trade union related rights. Did the respondent contravene the inducement principle? If an employer circumvents the collective bargaining unit they will be in infringement of non-inducement clause. N.B The CA is due to hear the appeal in April 19)

1. Pimlico Plumbers v Smith and Anor (The tribunal was entitled to conclude the claimant was a limb (b) worker. He could not subcontract and was under tight control of Pimlico. The case highlights the tricky balancing act that takes place in several 'gig economy' cases when it comes to establishing worker/employee status)

Each case discussion covers: