Employers face a wide range of challenges every day. As a law firm which advises some of the best known brands and public sector bodies in the country, we have brought together some recent case examples that will help keep you up to date on pitfalls to avoid and best practice to use. In this issue, we look into a judgment on employment status; the potential vicarious liability of an employer for the actions of an employee; and the latest example of the Employment Appeal Tribunal’s interpretation of TUPE.
Employment Matters Seminar//
Please click on the link below for more details of our upcoming seminars. The seminars will focus on a number of topics currently affecting organisations including TUPE, business transfers and procurement and will be of interest to a variety of departments including Human Resources and those involved in contract services.
Annual Retainer Scheme//
Many of the firm’s clients benefit from the employment team’s retainer scheme, which offers clients all of the essential elements to a service that helps clients maximise the management and performance of people whilst handling associated risks. The scheme operates on an annual basis with a low-cost initial fee, with benefits tailored to the client’s individual needs. For more information, click here or contact us directly.
Stringfellows dancer found to be an employee///
Quashie v Stringfellows Restaurants Ltd UKEAT/0289/11
This is the latest in a recent series of cases considering the employment status of individuals who work under unconventional arrangements. In this particular claim, Ms Quashie worked as a dancer for Stringfellows club. When she started work in June 2007, she was not given a contract nor a copy of the House Rules, but was issued with a similarly framed introductory document about the establishment. Read more///
Employer may be vicariously liable for murder of employee///
Vaickuviene and others v J Sainsbury plc CSOH 69
Mr Romasov and Mr McCulloch were both employed as night-shift shelf stackers at a Sainsbury’s supermarket in Aberdeen. Mr McCulloch was a member of the British National Party and known to hold extreme and racist views about Eastern European workers coming to the UK. Read more///
TUPE did not apply to employee who spent 100% of his time on a terminated contract///
Seawell Ltd v Ceva Freight (UK) Ltd and another UKEATS/0034/11
The Claimant was employed by Ceva Freight (UK) Ltd (“Ceva”) in their business of freight forwarding and management logistics. Within Ceva’s warehouse, the workforce was organised into two separate groups, one for “inbound” goods and one for “outbound” goods. The outbound group was composed of eight employees, including the Claimant. Whilst the other employees in the group spent their time on various contracts, the Claimant spent 100% of his time working on an account for Seawell Ltd (“Seawell”). Read more///