25 April 2008
Fixed term workers
Impact the Minister for Agriculture & Food (Ireland)
There has always been scope to exclude fixed term workers from access to pension schemes, for administrative reasons. The ECJ however in this case has extended the overriding principle of non-discrimination of a fixed term worker to pension entitlements meaning that they should be treated no differently in terms of access to pensions from permanent employees.
For further information, please contact Julie Davies: jdavies@vwl.co.uk.
TUPE
Dynamex Friction -v- Amicus
In today's economic climate, the presence of an Administrator in a business is not uncommon. This case confirms that the decision of an Administrator to make pre-transfer dismissals is the decision that will be examined in any subsequent unfair claim. In other words, any perceived persuasion by the managers of the failing business to make the dismissals (so as to make the business more attractive to them to buy) would not detract from the fact that it was the Administrator's decision in the first place to dismiss.
For further information, please contact Felicity Larter: flarter@vwl.co.uk.
Status
Enfield Technical Services Ltd -v- Payne
This case centred on the common situation of an individual instigating self-employed status but then subsequently claiming he was an employee for the purposes of an unfair dismissal and employment benefits.
The Court of Appeal held that where employees had been treated as self-employed by the Inland Revenue but where later found to have been employees, they were not necessarily deprived of their rights to claim for unfair dismissal. This is notwithstanding the employer's allegation that by virtue of opting for self-employed status, their contracts had been performed illegally (ie they had not been taxed as employees). The Court of Appeal were persuaded by the fact that the employee had acted in good faith and had made no misrepresentations to the Inland Revenue as to the facts of his employment relationship.
For further information, please contact Allison Cook: acook@vwl.co.uk.
And finally...
After almost 30 years' service with the firm, Mike Davies, our Head of Employment, has retired. We wish Mike all the very best for the future and for a long, happy and healthy retirement.
This publication is for guidance only. Reliance should not be placed upon it and nor should action be taken, without obtaining advice in respect of the specific circumstances applicable. We will be pleased to provide such advice or assistance.
