Naomi Webber reviews Mr Martin Groom v Maritime and Coastguard Agency [2024] EAT 71, in which the EAT found that a volunteer was a worker, in circumstances where he received remuneration for his activities as a coastal rescue officer.
The case confirms that ‘volunteer’ is not a term of art (or law), and each relationship will have to be considered on its own facts.
View ArticleMatthew Wyard writes about the Upper Tribunal's decision in MM (as alternative person for C) v Royal Borough of Greenwich [2024] UKUT 179 (AAC), and the important points the judgment raises in relation to the conduct of proceedings before the SEND Tribunal when impaired litigation capacity is being considered.
Matthew represented the successful appellant.
View ArticleBen Amunwa analyses the case of Adekoya & Ors v Heathrow Express Operating Company Ltd [2024] EAT 72, which found that the Employment Tribunal erred when it dismissed the claimants’ claims for breach of contract challenging the withdrawal of post-termination travel benefits from them in reliance on a contractual agreement that had not been sent to the claimants.
Ben considers the resulting practical implications for practitioners, employers and employees.
View ArticleRobin Pickard considers Ballerino v The Racecourse Association Ltd [2024] EAT 98, a case which highlights the legal difference between a business reorganisation and a redundancy; and the care that the ET and practitioners need to take when approaching redundancy situations in the context of a claim for maternity discrimination.
Robin acted for the successful claimant in the EAT.
View ArticleEmma Greening reviews the case of NSL Ltd v Mr P Zaluski [2024] EAT 86, which addresses the factors the tribunal should balance when considering an objective justification defence in an indirect discrimination claim. The case confirms the focus of the analysis must be on group disadvantage as weighed against employer need.
View ArticleAlex Leonhardt analyses Christopher Watson v Wallwork Nelson Johnson & Anor [2024] EAT 105, a case concerned with employment status, in which the EAT sets out a thorough statement of the relevant principles in determining the existence of an employment relationship against the background of a potential partnership.
View ArticleMatthew Wyard analyses the Upper Tribunal's decision in MM (as alternative person for C) v Royal Borough of Greenwich [2024] UKUT 179 (AAC) and the UT's updated guidance on mental capacity and the First tier Tribunal’s jurisdiction to make health and social care recommendations
Matthew represented the successful appellant, instructed by Geldards LLP.
View ArticleAlice de Coverley and Sunyana Sharma examine the decision of the Care Standards Tribunal in Mrs EI v Suffolk Childcare Agency [2024] UKFTT 00429 (HESC) in the first known case regarding the appeal of a suspension decision by a childminder agency, other than Ofsted.
Alice de Coverley, instructed by DAC Beachcroft, represented the Respondent, and Sunyana Sharma, also from 3PB, represented the Appellant, instructed by Stephensons.
View ArticleMathew Gullick KC analyses the case of HMRC v Lees of Scotland Ltd [2024] EAT 120, a reminder that even the best-intentioned employers can be found in breach of the National Minimum Wage legislation when they make deductions from their workers’ pay.
View ArticleNaomi Webber reviews the case of Masiero & others v Barchester Healthcare PLC [2024] EAT 112, which highlights that reasonable business requirement to change terms of employment and reasonable reasons to refuse them are not mutually exclusive.
Naomi also outlines the correct approach to be taken where human rights are engaged and part of the relevant factors to be considered in the context of dismissals.
View ArticleDaniel Brown considers the case of Ridley & Others v HB Kirtley t/a Queen’s Court Business Centre & Others [2024] EWCA Civ 884, in which the Court of Appeal examined if notices of appeal received on time by the EAT - but from which some of the required supporting documents were missing - should have been granted an appeal.
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