Papers

THE “WORKER” CONTRACT: FILLING THE VOID POST-TAYLOR
David Cabrelli, Senior Lecturer, Edinburgh University

October 25, 2017

David's talk covered (a) the criterion for the classification of a contract as a worker contract, whether zero-hours contracts might be construed as worker contracts and Taylor's recommendations regarding the worker contract, (b) whether th...

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RECENT DEVELOPMENTS IN RESTRICTIVE COVENANTS, CONFIDENTIAITY AND GARDEN LEAVE
Paul Goulding QC, Blackstone Chambers

October 19, 2017

The session examined recent cases concerning restrictive covenants, confidentiality, and garden leave; identifying the points of principle emerging; and considered their implications for the future....

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MORE INSOLVENCY DILEMMAS FOR TUPE
Dr Stephen Hardy

October 17, 2017

Insolvency proceedings available in respect of companies are governed by the Insolvency Act 1986 as amended by the Enterprise Act 2002. The main types of insolvency proceedings which may be taken in respect of companies are liquidation (or ...

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JUDGES AND THE ROLE OF FUNDAMENTAL RIGHTS IN COLLECTIVE LABOUR LAW
David Reade QC, Littleton Chambers and Professor Alan Bogg, Bristol University

September 16, 2017

where Professor Alan Bogg and David Reade QC consider the judicial role in using fundamental rights arguments in the sphere of collective labour law in freedom of association, strike law, and collective bargaining law. They will also consid...

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MANIFESTATION OF FAITH IN THE WORKPLACE
Professor Lucy Vickers, Professor of Law, Oxford Brookes University

September 16, 2017

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UNISON IN THE SUPREME COURT: THE RULE OF LAW AND THE NEGLECTED PUBLIC FUNCTION OF ET CLAIMANTS
Michael Ford QC, Old Square Chambers and Bristol University

September 16, 2017

In R(UNISON)) v Lord Chancellor [2017] UKSC 51 the Supreme Court upheld UNISON's challenge to the lawfulness of the Employment Tribunals and EAT Fees Order. Described by one commentator as the "the biggest single victory in the history of e...

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50 YEARS SINCE DECRIMINALISATION OF MALE GAY SEX
Andrew Allen, Barrister, Outer Temple Chambers

September 15, 2017

Andrew Allen provides a whistle-stop tour of the 60 years since the Wolfenden Report and 50 years since the partial de-criminalisation of the 1967 Sexual Offences Act permitting homosexual acts in private between 2 consenting adults who wer...

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GRIEVANCES DO MORE HARM THAN GOOD – WHAT ARE THE ALTERNATIVES?
Camilla Palmer, CEO, YESS

September 15, 2017

Take a common scenario – familiar to employment litigators. The employee raises a grievance, arguing all possible (sometimes impossible) legal points. The employer denies everything and is offended by an accusation of discrimination. The ...

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THEFT OF CONFIDENTIAL INFORMATION BY EMPLOYEES
Meriel Schindler, Head of Employment, Withersworldwide LLP

September 15, 2017

In Marathon Asset Management LLP v Seddon & Others [2017] EWHC 300 (Comm), the High Court undertook a detailed analysis of financial relief available when employees take their employer’s confidential information in the context of a claim ...

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THINKING ABOUT YOUR MENTAL HEALTH
Richard Martin, Director, byrne.dean

September 15, 2017

We are regularly asked “How are you?” but how often to we actually stop to take stock and answer the question truthfully, and, in respect of our mental health, do we know how to do so? And why are lawyers particularly at risk of mental ...

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WHISTLEBLOWING AFTER BEATT, DAY, JHUTI AND CHESTERON – ALL CLEAR NOW?
Martin Fodder and Jeremy Lewis, Littleton Chambers and Jack Mitchell, Old Square Chambers

September 15, 2017

How will the public interest requirement for protected disclosures be applied in the light of Chesterton? Where are we now on the issue of liability of the individuals who cause an employer to dismiss (Osipov; Jhuti) and what are the ramifi...

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HUMANS AS A SERVICE – WORK IN THE ‘GIG’ ECONOMY
Jeremias Prassl, Associate Professor in Law, Magdalen College, University of Oxford

May 20, 2017

Professor Jeremias Prassl’s talk addressed the rise of the ‘Sharing’, ‘Gig’ or ‘Uber’ Economy which is disrupting business models across the globe. The completion of ‘tasks’, ‘gigs’ or ‘rides’ in the (digital) crow...

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KEY CASES OF THE FUTURE
Darren Newman, employment law writer and trainer, consultant editor, XpertHR

May 20, 2017

In this session Darren will look at developing areas such as: Direct and indirect discrimination; Disability discrimination and the duty to make reasonable adjustments; The payment of wages for ‘on-call’ and ‘stand-by’ time; and The...

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THE FUTURE FOR EMPLOYMENT TRIBUNALS
Judge Brian Doyle Paper (2017 One Day Spring Conference)

May 20, 2017

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RECENT DECISIONS AND CURRENT CASES BEFORE THE EUROPEAN COURTS
Michael Rubenstein

April 26, 2017

This talk briefly considered a number of employment and discrimination law decisions of interest over the last year or so from the Court of Justice of the European Union, the EFTA Court and the European Court of Human Rights. It also discus...

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