Can you be employed without a contract? It is not unusual to come across individuals who have been employed for many years and who say that they have no written contract of employment. Those individuals may not be aware of, is that it is a legal requirement for an employer who has employed someone for […]
There have been more and more cases coming before the tribunals regarding whether an individual is self-employed, a worker or an employee. Here are the headlines: Can an individual who is paid a quarterly exclusivity payment be an employee? Yes, as held by the EAT in Exmoor Ales v Herriot. The claimant, in this case, worked for the brewery for 27 years providing accountancy services in partnership with her husband. From 2011 onwards, she received quarterly payments from the brewery. She later brought claims for unfair dismissal and discrimination. The brewery argued she was self-employed, paid tax as if self-employed, did employment contracts for other employees but not herself and did not take part in the employee share scheme. Unfortunately, the quarterly payment was held to be an exclusivity payment, she had no right to appoint a substitute and the brewery controlled her work.
Gross misconduct in the workplace can be extremely distressing to deal with. In a rush to protect your business and staff from any further harm, it’s likely you’ll want to dismiss the employee responsible immediately, avoiding any lengthy procedure.
GDPR consent is imperative! What is the issue with consent? The new GDPR is more onerous and employers will be under a positive obligation to be able to show evidence that they are compliant with the new GDPR principles. Most employers address the issue of consent for processing personal data by including a standard clause […]