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Company director found to be both an employee and a worker

The Court of Appeal has ruled that a company director and shareholder was an employee even though he had no written contract of employment and had never been paid or pursued payment. Robert Stack had been invited to invest in a new company Ajar-Tec Limited (the “Company”) which specialised in audio-visual equipment, along with Mr […]

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Budget 2015: Update on use of Travel & Subsistence Schemes and Umbrella Supply Models

The Chancellor’s Budget Statement contains the government’s response to their recent consultation in respect of how travel & subsistence schemes are currently being used. The government’s view is that the use of overarching contracts of employment which allow some temporary workers and their employers to benefit from tax relief for home to work travel expenses […]

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Unfair dismissal overturned regarding offensive tweets

Mr Laws (“L”) had worked for Game Retail Limited (“GRL”) for 16 years and was a risk and loss prevention estimator with responsibility for approximately 100 GRL stores in the north of England. L opened a personal Twitter account in early 2012 and began to follow GRL stores who he had responsibility for (each store […]

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Apprentices – Ensure “You’re Hired” means “You’re Training”

Apprenticeships are beneficial for both employers and employees but employers need to be aware of the difference between calling an employee an apprentice and ticking all the boxes to guarantee they are compliant with National Minimum Wage legislation. The Employment Appeal Tribunal (“EAT”) case of The Commissioners for HM Revenue and Customs v Jones (t/a […]

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Legally illegal?

Can a person who is working and living in the UK illegally still bring a discrimination claim in the Employment Tribunal? The Supreme Court has ruled they can in the case of Hounga v Allen. Ms Hounga was an illegal immigrant who arrived, aged 14 in the UK as a visitor under false documentation and […]

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Restrictive Covenants: Court of Appeal will not rewrite the wrong

The Court of Appeal has upheld the former employee’s appeal in the case of Prophet plc v Christopher Huggett [2014] EWCA Civ 1013. Prophet was engaged in the business of developing, selling and updating computer software for use in the fresh produce industry.  One of its products was ‘Pr3’, a suite of integrated software applications. […]

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