How secure is a protected tenancy under the Landlord and Tenant Act 1954?

Earlier this summer, an important judgment concerning the security of tenure provisions of the Landlord and Tenant Act 1954 (“the 1954 Act”) was handed down by Mr Justice Jay. The case of S Franses Ltd v The Cavendish Hotel (London) Ltd [2017] EWHC 1670 QB was an appeal from the County Court in Central London […]

Dismissal for Misconduct: To what extent can past conduct be taken into account?

When carrying out an investigation into alleged misconduct by an employee, the temptation may be to find as much evidence as possible. A recent case in the Employment Appeal Tribunal (EAT) has addressed the question of whether an investigation can actually be too thorough. How “fairness” is tested “The Burchell Test”, as set down in […]

IR35 continues to be taxing

This article was first published in Recruitment International. On 6th April 2017 new IR35 rules come into force applying to payments to PSC workers who provide personal service to a “public sector employer” generating significant problems for recruitment businesses involved in the supply process. Problem areas The legislation (still in draft form at the time […]

Mind the Gap: Are you ready for Gender Pay Reporting?

This article was first published in Recruitment International. Disparity between male and female average pay continues to dominate the news, with evidence of the gender pay gap widening for women in their 30s and 40s in particular. Dubbed “Equal Pay Day”, 9 November 2016 marked the date from which women were effectively working for free […]

Gig Economy Working: sham self-employment?

This article first appeared in Recruitment International. Gig economy working – used to describe the trend towards workers taking work on a “gig” basis, on flexible, generally short-term assignments, in contrast to a traditional employment model – is on the rise but what are the employment law implications? Uber, who provide the popular transport app, […]

Introduction fees: the recruiters’ battleground

This article was first published by Recruitment Agency Now. To avoid dispute, the question of when an introduction fee is payable in respect of the introduction of staff to a client should be set out clearly in agreed terms, both parties acting in accordance with such intention to create legal relations. These are basic contractual […]

I am considering taking a job as a delivery driver – what are my rights in the gig economy?

This article was first published by This is Money. Over the past five years, the UK has seen the rise of a new way of working called the ‘gig economy,’ fuelled by the rise of mobile apps and on-demand services.  Under this system, workers are paid for the specific jobs – ‘gigs’ – they undertake […]

Wearable fitness trackers in the workplace: surveillance by fitbit?

This article first appeared in Personnel Today. Many people sport fitness tracking devices and/or smartwatches – forms of wearable technology which not long ago seemed futuristic but are now familiar accessories. These developed from wearable medical technology – devices worn on the body which are able to assess and record detailed physiological data about the wearer […]

Giving your staff wearable tech? Here’s how to stay on the right side of the law

This article first appeared in City A.M.. Wearable technology, such as fitness tracking devices, is increasingly being introduced into the workplace as part of “corporate wellness” schemes. It is believed that around 202m wearable devices were given out by employers in 2016 to assist their employees with managing personal health. Corporate what? These schemes can […]