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Employment status

New and updated

  • Date:
    16 May 2013
    Type:
    Law reports

    Employment status: Supreme Court decides church minister was not an employee

    The Supreme Court has restored the employment tribunal decision that a minister of religion was not an employee and could not therefore claim unfair dismissal.

  • Date:
    1 April 2013
    Type:
    Law reports

    Case round-up

    Claire Thomas is managing associate, and Chris McAvoy, Joelle Parkinson, David Rintoul, and Gerri Hurst associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Date:
    30 March 2013
    Type:
    Law reports

    Disability discrimination: Volunteers not covered by discrimination legislation

    In X v Mid Sussex Citizens' Advice Bureau and another [2013] IRLR 146 SC, the Supreme Court held that the Equal Treatment Framework Directive does not encompass volunteers within the scope of "occupation". Accordingly, a volunteer who was not engaged under a worker's contract was not protected by the domestic legislation.

  • Date:
    20 February 2013
    Type:
    Law reports

    Employment status: Self-employed GP was a "worker" for the purposes of the Employment Rights Act 1996

    In Hospital Medical Group Ltd v Westwood [2012] IRLR 834 CA, the Court of Appeal held that a self-employed GP who provided hair restoration services for a private clinic was a "worker" for the purposes of the Employment Rights Act 1996.

  • Date:
    14 February 2013
    Type:
    Law reports

    Case of the week: Employment status

    This week's case of the week, provided by DLA Piper, covers the employment status of a dancer in Stringfellows.

  • Date:
    23 January 2013
    Type:
    Law reports

    Acas code of practice: Uplift to compensation for failure to follow code not available to workers

    In Local Government Yorkshire and Humber v Shah EAT/0587/11 & EAT/0026/12, the EAT held that the potential uplift in compensation awarded where an employer unreasonably fails to comply with the "Acas code of practice on disciplinary and grievance procedures" applies only in the case of employees. A worker who was subjected to an unlawful detriment was not entitled to an uplift.

  • Type:
    How to

    How to employ volunteers

    Practical guidance on employing volunteers, including employment status.

  • Date:
    18 December 2012
    Type:
    Law reports

    Supreme Court confirms volunteer not covered by disability discrimination law

    The Supreme Court has upheld the Court of Appeal decision that an unpaid volunteer with no contract was not protected by the (now repealed) Disability Discrimination Act 1995 and that the Equal Treatment Framework Directive (2000/78/EC) does not cover voluntary activity. 

  • Type:
    Employment glossary

    Umbrella company

    Definition from the XpertHR glossary.

  • Type:
    Employment glossary

    Worker

    Definition from the XpertHR glossary.