According to Daniel Barnett “If it looks like an employee and quacks like an employee, it’s probably not a self-employed subcontractor.”

Today saw the Supreme Court’s Judgment in Autoclenz Limited v Belcher & Others handed down and I’ve recorded my thoughts on it in this brief podcast.

“He had to duck as a cheesecake was propelled towards him.” Kitchen staff dismissed over hijinks http://ow.ly/5MxMs #HR #tribunals #ukemplaw

25/07/2011 2:06 pm via HootSuiteReplyRetweetFavorite

@TribunalWatch

Tribunal Watch

As well as quacking employees I’ve also talked about chefs, Facebook and flying cheesecake.

Related posts:

1. The Beecroft Report: The Twitter Response
2. Podcast#3 – What’s coming in 2012?
3. Podcast#1

Podcast#2 originally appeared on Jobsworth by Michael Scutt on 27/07/2011.

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.

Attridge Law v Coleman UKEAT/0071/09/JOJ

The EAT has confirmed that “associative discrimination” is covered under the Disability Discrimination Act 1995 (DDA).  In other words, a mother who sought flexible working from her employers in order to care for her disabled son, but whose employment was subsequently terminated, can bring a claim under the DDA as a result of being treated less favourably.

X v Mid-Sussex CAB   [2009] UKEAT 0220_08_3010

Another DDA case. Volunteers are not protected by the DDA or the EU Framework Directive.   

Abbreviations

ET = Employment Tribunal

EAT = Employment Appeal Tribunal

CA = Court of Appeal

Please contact me for further details on 0207 464 8433 or at michaelscutt@dalelangley.co.uk

These summaries contain my understanding of the law.  They do not constitute legal advice and you should not act upon or rely upon anything contained in this summary (or anywhere in this blog) as legal advice.

Related posts:

1. Case Round Up 20th November 2009
2. Case Round Up 25th January 2010
3. Friday musings: The Apprentice

Case Round Up Friday 6th November 2009 originally appeared on Jobsworth by Michael Scutt on 06/11/2009.