Podcast Location:
Download it here [file size: 22.1 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at employment practitioners as an update on recent cases that have addressed the question 'who is an employee?' and is therefore suitable for all levels of practitioner. It assumes some knowledge of employment law.

Outcomes:
After completing the course you will:
  • Have received an update on the James v Greenwich Borough Council decision of 2008 which considers the employee status of agency workers;
  • Understand how James has been applied in subsequent cases in 2008;
  • Have received an update on a recent case considering whether a majority shareholder can be considered an employee;
  • Understand the recent trends in the court's approach to deciding whether workers are to be considered employees.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Franks v. Reuters Ltd and Another [2003] ICR 1166;
  • Dacas v Brook Street Bureau (UK) Ltd [2004] IRLR 358;
  • Cable and Wireless plc v Muscat [2006] ICR 975;
  • Employment Rights Act 1996;
  • James v Greenwich Borough Council [2007] IRLR 168;
  • The Aramis [1989] 1 Lloyd’s Reports 213;
  • Beck v (1)London Borough of Camden (2) Supporta Ltd UKEAT/0121/08;
  • Consistent Group Ltd v Kalwaki [2008] IRLR 505;
  • Clark v Clark Construction Initiatives Ltd [2008] IRLR 364;
  • Snook v London & West Riding Investments [1967] 2 QB 786;
  • M & P Steelcraft Ltd v Ellis [2008] IRLR 355;
  • New Testament Church of God v Stewart [2008] IRLR 134;
  • Percy v Church of Scotland [2006] IRLR 195.
Tags:

In this podcast we interview Paul Rose QC, a leading employment law practitioner, on the subject of when a worker will be considered an employee by the courts. He addresses this question in particular in relation to agency workers and also in relation to majority shareholders looking at the recent decisions in each area. Some recent cases of general interest on the question are also discussed.

Podcast Added: 17/12/08

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