Author: Denise Rose

Gig Economy continued…

The very recent case of Gascoigne v Addison Lee Limited is the latest in the growing line of recent Gig Economy cases. Mr Gascoigne was a cycle courier providing services to Addison Lee for more than nine years. He argued that he was a “worker” (a middle ground between an employee and self-employed) and as […]

TUPE: Employee Liability Information

A common question to consider when selling your business is how much information ought to be provided to the buyer in relation to your workforce. Considering A Merger? Likewise, if you are considering a merger that will involve buying another business, how much information should you expect to receive from the seller regarding the staff […]

Litigation Risk?

Whilst Employment Tribunals have traditionally presented litigants in person with little risk when it comes to adverse costs awards, it is clear to us that an increasingly robust approach is being adopted, as can be seen from the EAT’s decision in Liddington v 2gether NHS Trust. Whistleblower Claims In this instance, the Appellant, Ms Liddington, […]

Carrying over holiday pay

Does a worker’s paid holiday entitlement carry over to subsequent years if they do not take holiday because their employer refuses to pay them? In short, yes it does. Not Using Holiday Entitlement? Where a worker does not use their entitlement to paid holiday because they would not be paid by their employer, the worker […]

A Recent Success in the EAT

DPH Legal recently represented the successful claimant, Mr Basra, in the Employment Appeal Tribunal (EAT) in his appeal against a decision of the Tribunal.  The EAT decision has been reported widely in the legal press. The question was whether Mr Basra had effectively resigned by responding to a “without prejudice” offer of a settlement agreement from […]

Employment Status

Employment Status The past year has seen numerous claims from individuals seeking to prove their employment rights, the most prolific of which have been cases within the ‘Gig Economy’ which have been highlighted during previous newsletters. Employment status is sure to remain a key issue before the Courts and the Employment Tribunals during 2018.  Uber […]

They said they would not compete

As experienced employment lawyers, we frequently advise employer clients on restraining employees’ post-employment activity to prevent competitive activity. A recent case provides guidance in relation to the circumstances surrounding an employee resigning and stating that they do not intend to compete but then subsequently choose to do so. The High Court (Chancery Division) recently found […]

David Harris interview on BBC Radio Berkshire about gender pay gap

David Harris, Managing Partner of DPH Legal, employment solicitors, was asked by BBC Radio Berkshire to comment on the recent disclosures made by their own organisation of Executive salaries. Following the disclosures, disparities were noted between certain recognisable television personalities, e.g. Sue Barker and Alan Shearer, which some say provided stark evidence of a continuing […]

What next for the gig economy?

The much-anticipated Taylor Review (or to give it its formal title, “Good work: the Taylor review of modern working practices”) was published on 11 July 2017 A full copy of the Review can be accessed via the following link: The Review has come, at least in part, in response to the recent plethora of […]

Diocesan Discrimination

The inherent complexities of Equality Law are again in the spotlight following the recent Employment Appeal Tribunal (EAT) case of Pemberton v Bishop of Southwell & Nottingham. Anglican priest, Reverend Pemberton, saw his application for a position as Chaplain at an NHS Trust rejected following the Bishop of Southwell & Nottingham’s refusal to grant the […]

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