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Balancing access to justice and abuse of process

by admin | Sep 2, 2025 | Employment Law | 0 comments

An extended civil restraint order (ECRO) was issued against a prolific Employment Tribunal (ET) litigant for presenting repeated and baseless claims. A Mr. Khan has been described as a prolific litigant, having issued no fewer than 42 largely unsuccessful tribunal...

Tripartite arrangements don’t necessarily enable an agency to escape accountability

by admin | Aug 20, 2025 | Employment Law | 0 comments

The question was raised as to whether, in a tripartite agency relationship, an employment relationship exists between an employee and their intermediary agency. For instance, Ryanair DAC employs some pilots directly, while subcontracting others. A Mr. Lutz...

A magical clause does not necessarily nullify employment status

by admin | Aug 13, 2025 | Employment Law | 0 comments

A recent ruling has provided a timely reminder that substance trumps form in employment status disputes, and the mere insertion of a clause does not automatically change the employment status of workers. This case concerns an appeal by BCAL, a company that provides...

An employee’s emergency contact details are strictly private

by admin | Jul 23, 2025 | Employment Law | 0 comments

A recent ruling affirms that an employer is directly liable for the unauthorised disclosure of an employee's private information. An employee worked at a JD Wetherspoon pub for approximately eighteen months, during which time she provided her contact details,...

Being paid directly is not a confirmation that you are an employee

by admin | Jul 9, 2025 | Employment Law | 0 comments

A Tribunal has provided a landmark ruling over employer-employee status in the context of direct payments made under the Care Act 2014, ruling that an LA was not in fact the direct employer of a carer. The appeal revolved around the question of whether the LA was the...

Pivotal role of the union Certification Officer in addressing complaints

by admin | Jun 24, 2025 | Employment Law | 0 comments

A recent tribunal clarified the procedural powers of the Certification Officer (CO), ruling that applications from trade union members cannot be refused simply because they are deemed "unarguable". After becoming Chair of a prestigious university, the...
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