Employment Law Explained

Category Archives: Contracts of Employment

Can a Partner be an Employee?

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Time for Tiffin

A few weeks ago I wrote about whether a lapdancer could be held to be an employee (she couldn’t).  A similar question arose recently in the case of Tiffin v Lester Aldridge LLP at the EAT: can a Partner in a law firm be an Employee?  Nadine Quashie’s case was a Preliminary Hearing at first instance, i.e before the Employment Tribunal; Tiffin’s was an appeal against the refusal of the ET to hold that he was an employee.

It’s Snow Joke: My Boss Won’t Pay Me

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If you’re snowed in and can’t get to work, does your employer have to pay you?

Almost certainly not.  I did an interview for parentdish.co.uk on this very subject (click here).  Unless the employer is contractually obliged to pay (which would be unusual) if you can’t make it in to work because of the weather conditions, your employer doesn’t have to pay you.  The Lawyer today reported on one law firm taking a hard line on the issue.  As ever, much will depend on what the contract of employment says, but in my experience it is very unusual for contracts to say anything at all about this situation.

What Makes a Good Employment Law Story?

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Nadine Quashie

There’s no question about it: take a good looking woman, preferably without her clothes, have her dancing (naked, of course), throw in some large sums of money, add a celebrity and a good soundbite from a lawyer and, hey presto, you have a story to fill the paper.  In fact, you have this story.

Seven Ways for Employers to Avoid Stress at Work Claims

stresswordiStock 000010915873XSmall 300x199 Seven Ways for Employers to Avoid Stress at Work Claims   stress at work religion and belief discrimination race discrimination personal injury equality disability discrimination contracts of employment constructive dismissal bullying harassment age discrimination Yesterday Ian Barratt of Mind Strengths Ltd published his “Seven Top Stress Management Tips for Employees”.  Today I am publishing my “top tips” for employers hoping to avoid claims for stress at work from being commenced against them.   

Seven Top Stress Management Tips for Employees

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As promised last Monday, I am delighted today to welcome my first guest blogger, Ian Barratt (pictured, right) of Mind Strengths Ltd, to present his Seven Top Stress Management Tips on this third Monday of January, the allegedly most miserable day of the year. Ian is a qualified stress management consultant speaker and author.  His book “The Phoenix Strategy”, co-authored with Amanda Robinson was published last October.  Mind Strengths Ltd is a consultancy company offering workplace strress management , wellbeing and support services.  Tomorrow I will look at how employers can minimise the risk of being sued for stress at work by employees. 

Employee, worker or neither?

Well, would you believe it?  In the week that I gave a talk at the City Business Library about contracts of employment (see here for my slideshare presentation) and the differences between employees, workers and the self-employed, I came across a case in the Employment Appeal Tribunal (EAT) which discussed all these issues.  It is an important issue because the answer to the question will determine what legal remedies are available to the individual.

Contracts of Employment – what you need to know

In a bit of a departure from normal practice here I am uploading a copy of a presentation I gave at the City Business Library today. It may be a bit cryptic if you weren’t there to hear it and please contact me if you require further assistance or explanation.  You can find it at my Slideshare site, which is here;

http://www.slideshare.net/michaelscutt/contracts-of-employment-201009f

Contracts of Employment: what you need to know

I  spent a good part of yesterday evening preparing a seminar that I have been asked to give at the City Business Library on 20th October next.  The topic handed to me is the title to this post: “Contracts of Employment: what you need to know”, to cover one hour.  The seminar is aimed at new businesses looking to take on staff for the first time.  At first glance I thought it would be an easy topic, one I am very familiar with, nothing too controversial and plenty of time for discussion afterwards.  Then, on my way in to work this morning, tapping out a skeleton presentation in Powerpoint on the trusty laptop, I realised just what I have let myself in for.