Articles

Here you will find all the latest news from the SCE team. In this section we will feature news about what we have been up to, recent mentions in the press, information about the work we do in the community and lots more.

Monthly Archive January 2013

Non-sanction by a professional body does not make a dismissal unfair

It is generally accepted that a dismissal is fair where an employer has conducted a proper investigation and reasonably concluded the allegation has been proven based on the evidence before them. However, what happens when a dismissed employee’s professional body decides to take no action over the same incident? Does this make the dismissal outside the range of reasonable responses?

The Employment Appeal Tribunal (EAT) dealt with this issue in the recent case of Bryant v Sage Care Homes Ltd

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BIS dates for the 2013 diary

In December 2012, the Department for Business, Innovation and Skills (BIS) published the ‘Fifth Statement of New Regulations’ (‘the Statement’). This document sets out implementation dates for regulatory reforms in 2013.

The Statement sets out the timetable for, and estimated financial impact of, a range of measures slated for implementation next year. The reforms cover a wide range of areas of law, including energy, planning and development, agriculture, companies and transport. For the purposes of employment law the following dates should be noted in the calendars of all employers:

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Does a lap dancer have employee status?

Distinguishing between a self-employed worker and a worker who has employee status can be difficult; however many employers accept that where employee status is gained where: 

  1. there is a contract which places an obligation on a person to provide work personally;
  2. there is mutuality of obligation between employer and employee  i.e. the employer must provide work and the employee must carry out the work and 
  3. there is control over the employee by the employer. 

However, is it safe to assume when one of the limbs from the above test are missing that the worker will be self-employed? 

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