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By Michael Scutt, 25/01/2010 10:07 am

There have been some interesting reported cases over the last couple of weeks on a broad range of topics.  For instance,

Legal Representation at Internal Disciplinary Hearings

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By Michael Scutt, 20/11/2009 11:16 am

Just two this time.  An upsurge in work has meant I haven’t been blogging as assiduously as usual.  There also haven’t been very many interesting cases around – apart from these two below.

Diggins v Condor Marine Crewing Services [2009] EWCA Civ 1133

The Court of Appeal has ruled that an seaman employed by a company operating from and registered in Guernsey, on board a ship registered in Nassau, but which spent its time sailing between Portsmouth and the Channel Islands could bring a claim for unfair dismissal.  The Claimant lived in Suffolk.  The Court held that the important factor was where his duty began and ended – which was Portsmouth.   He can proceed with his claim for unfair dismissal.

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By Michael Scutt, 06/11/2009 6:10 pm

There have been some noteworthy cases over the last couple of weeks, such as;

Grainger plc v Nicholson UKEAT/0219/09/ZT

Climate change can be a philosophical belief and thus capable of protection within the terms of the Employment Equality (Religion or Belief) Regulations 2003. Please see my previous post on this high profile case.

Autoclenz  Ltd v Belcher & ors [2009] EWCA Civ 1046

A case on the distinction between employee, worker or self-employed.  The Respondents were car valeters.  All the factors usually considered in determining whether a person was employed or self-employed suggested they were employees. The “contract” they signed said they were “sub-contractors” but that did not reflect the reality of the situation.  The CA held they were employees.