Entries by damian

Best Lawyer in London

Have you been looking for the best lawyer in London? Damian McCarthy is a highly experienced law advocate who specialises in employment law cases. With many years of working with a wide range of different cases and some being very complex and high profile, Damian has the proven capability to be able to help you […]

If you work in the Gig economy you should follow this case

There have been a number of recent cases looking at the precise nature of the employment status of those working for employers who like their operatives to appear to clients as their representatives but who operate a model of self-employment. In February this year, the Court of Appeal dismissed an appeal by Pimlico Plumbers Limited […]

Calculation of Holiday Pay for Voluntary Overtime

We recently reported on the decision of the Employment Appeal Tribunal (EAT) in Bear Scotland Limited and Others v Fulton and Others that Article 7 of the EU Working Time Directive (WTD) should be interpreted so that payments for overtime which employees are required to work but which their employer is not obliged to offer […]

If you are an independent contractor you should be aware of this

Companies generally bear legal liability for misdeeds committed by their employees in the context of their work, but does the same apply to self-employed contractors? The High Court tackled that issue in a group action concerning bank workers who claimed to have been sexually abused by a doctor in the course of pre-employment health checks […]

Tribunals Can Appoint Litigation Friends

Under Part 21 of the Civil Procedure Rules, it is possible for a person who lacks capacity to be represented in court by a litigation friend so that they can have proper access to justice. In a landmark decision that is of general public importance (Jhuti v Royal Mail Group Limited), the Employment Appeal Tribunal […]

Are you an Employee, Worker or Self-Employed Contractor, or just confused?

When distinguishing between employees, workers and self-employed contractors, bargaining positions can provide a useful litmus test. That was certainly so in a further case on this topic in which an Employment Tribunal (ET) found that a bicycle courier was a worker, within the meaning of the Working Time Regulations 1998, notwithstanding that his contract specifically […]

Discrimination and Constructive Dismissal claim rejected

A Pentecostal Christian has failed to persuade the Employment Appeal Tribunal (EAT) that the Employment Tribunal (ET) erred in dismissing his claim that he had suffered direct and indirect discrimination on the grounds of his religious beliefs (Trayhorn v The Secretary of State for Justice). Barry Trayhorn worked at HM Prison Littlehey as a gardener. […]

Air Transport Company Fined After Worker Crushed in Hangar Door Accident

A passenger air transport firm has been fined after a worker suffered brain damage when she was crushed by hangar doors at Luton Airport. Signature Flight Support operates a worldwide network of ‘fixed base operations’, delivering support to business and private aviation at more than 200 locations. The services provided include refuelling, hangar storage, maintenance, […]

Acas Publishes Research Into Flexible Working

The Advisory, Conciliation and Arbitration Service (Acas) has published the results of research it commissioned from Alliance Manchester Business School, University of Manchester. The research paper, entitled ‘Flexibility in the Workplace: Implications of flexible work arrangements for individuals, teams and organisations’, sets out to identify both advantages and disadvantages of flexible working and provide best […]

Calculating injury to feelings in discrimination claims-a Government change

When a compensation award is made to the victim of an accident, the actual amount of the settlement is adjusted to take into account the interest the claimant can expect to earn by investing it. This is achieved by applying a ‘discount rate’, or ‘Ogden rate’ to the sum awarded. Traditionally, the percentage rate applied […]