| 1 | Agency workers The Employment Appeal Tribunal has recommended that, in cases involving a worker supplied by an agency to an end user, tribunals should order that both end user and agency are joined as respondents to the proceedings. | Legal update: archive | 26-May-2005 |
| 2 | Agency workers The Employment Appeal Tribunal has held that an agency worker was an employee of a temping agency. | Legal update: archive | 29-Apr-2003 |
| 3 | Agency Workers Regulations: six months on This feature article explores the practical ramifications of the Agency Workers Regulations 2010. | Articles | 02-May-2012 |
| 4 | Agency Workers Regulations: Swedish derogation An employment tribunal has held that a temporary work agency which transferred a group of agency workers from zero hours contracts to pay between assignments contracts complied with the Agency Workers Regulations 2010 (SI 2010/93). | Articles | 27-Feb-2013 |
| 5 | Agency workers: a shift in emphasis? The controversial decision in Dacas v Brook Street Bureau on the employment status of agency workers has been somewhat undermined by recent cases and, as a result, the employment tribunals will be less likely to imply a contract of employment between a worker and an end user unless it is necessary to do so. | Articles | 26-Mar-2007 |
| 6 | Agency workers: draft regulations The Department for Business, Innovation and Skills is consulting on draft regulations to implement the Temporary Agency Workers Directive (2008/104/EC) in Great Britain. | Articles | 26-Nov-2009 |
| 7 | Agency workers: employment The Court of Appeal has held that an agency worker was not employed by the end user to which she had been supplied by an employment agency: whether an agency worker was employed by an end user should be decided on common law principles of implied contract. | Legal update: archive | 26-Feb-2008 |
| 8 | Agency workers: employment status The Court of Appeal has held that an agency worker was not employed by the end user of his services, despite the control the end user exercised over his work. | Articles | 26-Jan-2011 |
| 9 | Agency workers: establishing employment status The Employment Appeal Tribunal has held that an agency worker supplied to a local council for five years, who had been treated in all other respects as a permanent employee, was not in fact employed by the council. | Legal update: archive | 26-Jan-2007 |
| 10 | Agency workers: new rights on the horizon The Department for Business, Innovation and Skills has recently issued its final form non-legally binding guidance to accompany the Agency Workers Regulations 2010. As the Regulations come into force from 1 October 2011, hiring employers and staffing companies should ensure that they are up to speed with the new rights for agency workers well before implementation. | Articles | 26-May-2011 |
| 11 | Agency workers: no implied judicial perm The Court of Appeal's decision in Merana James v London Borough of Greenwich brings welcome certainty to the position of agency workers. | Legal update: archive | 27-Feb-2008 |
| 12 | Agency workers: on an equal footing The final version of the Agency Workers Regulations 2010 has now been published, and will come into force on 1 October 2011. They provide agency workers with the right to equal treatment in respect of certain basic working and employment conditions, including pay, after 12 weeks on the same assignment. | Articles | 24-Feb-2010 |
| 13 | Agency: parallel contracts The Employment Appeal Tribunal has rejected an agency worker's argument that she had two parallel employment contracts, and so refused to imply an employment contract with the user company. | Legal update: archive | 23-Feb-2007 |
| 14 | Amendment to the Listing Rules In October 1995, the London Stock Exchange issued Amendment 6 to the Listing Rules. Most of the amendments implement certain of the recommendations of the Greenbury Committee. Implementation has been deferred to 31st December, 1995. | Legal update: archive | 01-Nov-1995 |
| 15 | Capital Gains Tax: Employee shareholders: the new ... Draft legislation, to be included in the Finance Bill 2013, has been published on the introduction of a new employment status. | Articles | 30-Jan-2013 |
| 16 | Collective consultation: agency worker information An employment tribunal has granted protective awards following an employer’s failure to provide adequate information concerning agency workers during consultation exercises. | Articles | 27-Mar-2013 |
| 17 | Commercial agency: cost of compensation Employment protection rights and the increasing expectations on employers to provide for their employees have led some to consider alternative arrangements. But a recent Court of Appeal decision has highlighted the fact that care should be taken to ensure that the alternative does not involve the potentially far more costly obligations under the Commercial Agents Regulations 1993. | Legal update: archive | 24-Mar-2006 |
| 18 | Consultancy: When are workers their own boss? The importance of the distinction between employment and consultancy and how to tell the difference. | Articles | 01-May-1995 |
| 19 | Contract workers The Employment Appeals Tribunal has held that where an individual provides his services to an employment agency through hs consultancy company, who in turn makes his services available to the user company, the user company is to be treated as the principal for the purposes of discrimination legislation. | Legal update: archive | 01-Nov-1999 |
| 20 | Determining who has UK employment rights: silence isn't ... With the growth of truly international businesses and increasing employee mobility, the question of the territorial scope of UK statutory employment rights is of ever greater importance. Unfortunately, there is no clear legislative definition and it is therefore left to the tribunals to determine who can claim. | Articles | 27-Feb-2013 |
| 21 | Director shareholders: employment status The Employment Appeal Tribunal has held that the fact that a claimant is a majority shareholder and a director of the employer does not mean the claimant is not an employee, unless the contract between the company and the individual is a sham. | Legal update: archive | 29-Oct-2007 |
| 22 | Discrimination: agency worker unprotected The Court of Appeal has held that a temporary agency worker could not pursue a discrimination claim against the agency’s client; the worker was neither the client’s employee nor was he employed by the client under the wider definition of employment in discrimination legislation. | Articles | 24-Mar-2010 |
| 23 | Employee status: controlling shareholder The Court of Appeal has held that a controlling shareholder can also be an employee and has given guidance to help tribunals answer the question of employment status. | Legal update: archive | 22-May-2009 |
| 24 | Employee-owners: better than the status quo? The government has announced plans for a new employment contract and status, known as an “employee-owner”. Employee-owners would exchange some of their UK employment rights in return for shares in their employing company and a tax advantage. The proposals raise a number of practical concerns, as well as employment law and contract law issues. | Articles | 24-Oct-2012 |
| 25 | Employment protection rights The Department of Trade and Industry has published a discussion paper on whether workers who are not employees should be entitled to the full range of employment protection rights. | Legal update: archive | 02-Aug-2002 |
| 26 | Employment status Two applicants who worked on a “casual as required” basis are considered by the Court of Appeal to be employees rather than self-employed. | Legal update: archive | 01-May-1998 |
| 27 | Employment status: car valeters The Supreme Court has held that car valeters, whose contracts described them as self-employed and contained a substitution clause, were employees. | Articles | 01-Sep-2011 |
| 28 | Employment status: carrying on a business undertaking The Employment Appeal Tribunal has held that an individual was neither an employee nor a worker but carried on a business undertaking; however, the individual had been very close to the dividing line between being a worker and carrying on a business undertaking. | Articles | 26-Nov-2009 |
| 29 | Employment status: circumstances when the tribunal can look ... The Employment Appeal Tribunal has provided guidance on the circumstances in which tribunals can look "outside the four corners" of the contract to determine an individual's employment status. | Legal update: archive | 23-Feb-2007 |
| 30 | Employment status: contractor who refused to become ... The Employment Appeal Tribunal has held that an independent contractor who refused requests to become an employee was not an employee. | Articles | 24-Feb-2010 |
| 31 | Employment status: mutuality of obligation The Employment Appeal Tribunal has held that, where a casual worker undertook a succession of individual assignments on an ad hoc basis, there was sufficient mutuality of obligation to establish an employment relationship. | Articles | 30-Aug-2012 |
| 32 | Equal pay The European Court of Justice has held that an agency worker providing services to her former employer could not base an equal pay claim on a comparison of pay with a male employee of that former employer. | Legal update: archive | 20-Feb-2004 |
| 33 | Fixed-term contracts The Court of Appeal has held that a failure to renew or extend a fixed-term contract did not, of itself, amount to less favourable treatment of a fixed-term employee in comparison to a permanent employee. | Legal update: archive | 20-Jan-2005 |
| 34 | Flexible employees: Changing times Flexible is a word which has often been used to describe how a modern labour market needs to operate. Oliver Brettle of White & Case considers whether recent legislative developments reflect this need and the increasing number of flexible workers. | Articles | 16-Aug-2002 |
| 35 | HM Revenue & Customs (HMRC) | Glossary | Maintained |
| 36 | Homeworking: Pitfalls and practicalities A consideration of the legal and practical issues that employers should consider in relation to homeworking. | Articles | 14-May-2004 |
| 37 | Illegal contracts The Employment Appeal Tribunal has confirmed that for a contract to be tainted with illegality it is not enough for an employee to represent himself to HM Revenue & Customs as self-employed: he must know that his entitlement to this status is unsustainable. | Articles | 28-Sep-2011 |
| 38 | Income Tax: Determining commencement of trade The Special Commissioners have held that research and negotiations were merely preparatory to the commencement of trade, and that trade did not commence until the taxpayer signed formal contracts and incurred operational risk. | Legal update: archive | 30-Aug-2006 |
| 39 | Income Tax: Employment status The Special Commissioner has held that long-term construction workers were not employees for income tax and National Insurance purposes. | Legal update: archive | 20-Mar-2009 |
| 40 | IR35 upheld The High Court has upheld the IR35 provisions against a claim brought on behalf of the information technology industry that the legislation was in breach of EC law and the Human Rights Act 1998. | Legal update: archive | 27-Apr-2001 |
| 41 | Jurisdiction The House of Lords has held that, when ascertaining the territorial scope of section 94(1) of the Employment Rights Act 1996, the correct question to ask is whether there was employment in Britain, assessed at the time of dismissal rather than by reference to the terms of the employee's employment contract. | Legal update: archive | 24-Feb-2006 |
| 42 | LLP member was not a worker The Court of Appeal has held that a former equity partner of a limited liability partnership was not a worker and could not bring a whistleblowing claim against the LLP. | Articles | 24-Oct-2012 |
| 43 | Managed service company (MSC) | Glossary | Maintained |
| 44 | Managed service company scheme (MSC scheme) | Glossary | Maintained |
| 45 | New agency workers' rights: hype or headache? The new temporary worker regime comes at a time when businesses are already struggling with a difficult economic climate. Allen & Overy surveyed 200 HR practitioners from medium to large organisations about their use of temporary workers, the impact of the new rules on benefits and pay, and what strategies companies plan to employ to minimise the cost and impact. | Articles | 27-Oct-2011 |
| 46 | Non-contractual employer: transfer of employees The European Court of Justice has held that the Acquired Rights Directive (2001/23/EC) can apply to transfer the employment of employees who work in the transferor's business but are not employed by it, where the employees were put at the transferor's disposal by a company within the same corporate group. | Articles | 01-Dec-2010 |
| 47 | Post-Dacas: one year on In the landmark case of Dacas v Brook Street Bureau last year the Court of Appeal considered whether a temporary worker was employed by the employment bureau or agency that places him in a particular job or by the client company where the worker carries out his day-to-day duties. This article looks at a series of cases on the employment status of workers supplied to clients by agencies or bureaux following Dacas. | Articles | 22-Jul-2005 |
| 48 | Retaining staff: Employment concerns in an internet age A look at the employment issues highlighted by the new economy and their effect on traditional and internet employers. | Articles | 27-Oct-2000 |
| 49 | TUPE: service provision changes The Employment Appeal Tribunal has held that there was not a service provision change for the purposes of regulation 3(1)(b) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) on the change of a contractor where there was also a change in the client for whom the services were being carried out. | Articles | 26-Jul-2012 |
| 50 | Vicarious liability The Court of Appeal has held that a nightclub exercised sufficient control over the actions of a doorman supplied by a security company to be deemed his "temporary" employer for the purposes of vicarious liability. | Legal update: archive | 24-Feb-2006 |
| 51 | Vicarious liability of sub-contractor The Court of Session has decided that a sub-contract catering company is vicariously liable for the negligent acts of its client's employees who worked under its own control. | Legal update: archive | 01-Nov-1990 |
| 52 | Whistleblowing and discrimination: partner's claim The Employment Appeal Tribunal has held that an employment tribunal has jurisdiction to hear whistleblowing and sex discrimination claims brought by a former equity partner of a limited liability partnership who worked principally in Tanzania. | Articles | 26-Jun-2012 |
| 53 | Whistleblowing: guidance The Employment Appeal Tribunal has given guidance on the meaning of “likely to fail to comply” with a legal obligation for the purposes of the whistleblowing legislation. | Legal update: case report | 25-Jun-2004 |
| 54 | Worker status: "sham" clause The Employment Appeal Tribunal has held that a contract clause providing that bricklayers were self-employed was a sham because the provision was not intended by the parties to have any binding effect between them. | Legal update: archive | 21-Nov-2008 |
| 55 | Working time The Employment Appeal Tribunal has held that self employed labourers who worked as subcontractors in the building industry were held to fall within the definition of a “worker” for the purposes of the Working Time Regulations 1998 even though their contracts provided that, in certain circumstances, the services they provided could be carried out by another individual. | Legal update: archive | 22-Mar-2002 |