The Supreme Court has unanimously dismissed Uber’s final appeal, finding that Uber drivers are considered as workers. Uber was appealing the earlier decisions of the Employment Tribunal, Employment Appeal Tribunal and the Court of Appeal, arguing that its drivers should be…
The Supreme Court has handed down a decision in the case of Royal Mail Group Ltd v Jhuti [2019] UKSC 55, which has far reaching consequences for employers dealing with disciplinary (and grievance) processes. The appeal concerns the dismissal of…
Yes, says the Supreme Court in the case of Gilham v Ministry of Justice [2019] UKSC 44. What is a whistleblower? A whistleblower is a worker who discloses wrongdoing. Whistleblowing is when a worker raises concerns about practices occurring in the workplace.…
The focus of this case is whether the confinement of a young person aged 16-17 years-old, found not to be Gillick1 competent, amounted to a deprivation of his liberty where his parents had consented to such confinement. In a highly significant…
How to make non-compete clauses enforceable We regularly advise employers and employees on the enforceability of restrictive covenants following the end of the employment relationship. The Supreme Court in the case of Tillman v Egon Zehnder has confirmed the principle that it…
‘Lachaux: The final act’ – Supreme Court clarifies the law on defamation Background The Claimant, Mr Lachaux, previously lived with his British wife in the United Arab Emirates (UAE). Following a marital breakdown, the Claimant commenced divorce proceedings in the UAE in…
The Mental Health Caseworkers Section of HM Prison and Probation Service has recently produced guidance on ‘Discharge conditions that amount to a deprivation of liberty.’ https://www.gov.uk/government/publications/discharge-conditions-that-amount-to-a-deprivation-of-liberty This refers to the recommendation in the independent review of the MHA published on 6 December 2018…
The Supreme Court has recently (17 December 2018) reversed the decision in PJ, in which the Court of Appeal had held that the MHA contained within it, by implication, the power for the patient’s responsible clinician to set conditions on…
Mrs Owens petitioned for divorce in May 2015. In order to demonstrate that the marriage had irretrievably broken down she relied on Mr Owens’ unreasonable behaviour. It was such that she said she could not reasonably be expected to live with him anymore. Mr…
In the light of the Supreme Court’s recent decision in Owens v Owens[1], family solicitors are having to reconsider their approach to ‘behaviour’ as a fact relied upon when petitioning for divorce. Grounds for divorce There is only one ground on which a…
