Employment eBulletin

DMH Stallard Employment eBulletin

In this issue:

•	Changes to the Agency Workers Regulations 2010
•	Connolly v Whitestone Solicitors UKEAT/0445/10
•	Governing Body of Wishmorecross School v Balado UKEAT/0199/11
•	Salford NHS Primary Care Trust v Smith UKEAT/0507/10
•	Autoclenz v Belcher and others [2011] UKSC 41
•	Duncombe and others v Secretary of State for Children, Schools and Families [2011] UKSC 36
•	Zulhayir v JJ Food Service Ltd UKEAT/0593/10/SM

Welcome to the latest edition of the DMH Stallard Employment eBulletin.

In this issue, we highlight the amendments that have been made to the Agency Workers Regulations 2011 to correct certain errors and clarify the meaning of some provisions. We also consider the implications of a number of recent cases to identify how employers can reduce their exposure to risk and claims.

Breakfast Workshops

Following DMH Stallard's successful series of Workshops on Service Provision Changes and TUPE Transfers, we are hosting an additional date in London on 27 September. Full details and registration are available on our website.

If you have any questions arising from the articles in this eBulletin then please do not hesitate to get in touch.

Adam Williams
Associate

Meet the rest of the Employment Group

To register for further newsletters and DMH Stallard updates please click here

Changes to the Agency Workers Regulations 2010

The government publishes amendments to the Agency Workers Regulations 2010.

Connolly v Whitestone Solicitors UKEAT/0445/10

EAT holds that there must be a deliberate intention to misrepresent an individual’s status before it can be found that a contract is illegal.

Governing Body of Wishmorecross School v Balado UKEAT/0199/11

EAT holds that employee who was told her summary dismissal would not be effective unless she chose not to appeal or her appeal was unsuccessful, was dismissed with notice.

Salford NHS Primary Care Trust v Smith UKEAT/0507/10

EAT holds that neither offering a disabled employee a career break, nor submitting suggestions to her GP as to possible rehabilitative work arrangements, constituted “reasonable adjustments” for the purposes of the Disability Discrimination Act.

Autoclenz v Belcher and others [2011] UKSC 41

Supreme Court upholds Court of Appeal decision that car valeters, whose contracts described them as self-employed, were in reality employees, and clarifies approach tribunals should take to identifying real contractual relationship.

Duncombe and others v Secretary of State for Children, Schools and Families [2011] UKSC 36

Supreme Court finds that an employee working abroad has protection from unfair dismissal where terms of employment have a much closer connection with Britain and British employment law than any other system of law.

Zulhayir v JJ Food Service Ltd UKEAT/0593/10/SM

Employment Tribunal overturns decision to strike out claim as “out of time” based on implied termination of contract or “self-dismissal” by the Claimant.

Employment eBulletin - September