Legal Update
Employment Newsletter
24 January 2019

Employment Newsletter

In this Edition:

  1. A Message / Introduction – from Richard Ryan.
  2. Harassment: Context is Key – Sophie Firth examines Evans v Xactly Corporation Limited UKEATPA/0129/18/LA in which the EAT found the Claimant was not harassed despite having been called, amongst other things, a ‘fat ginger pikey’.
  3. Private Hire and Worker Status: Contract vs Reality – Adam Gould examines two cases handed down at the end of 2018 in which it was held that the reality of private hire drivers’ working arrangements meant they were workers.
  4. Justification: The Need for Supporting Evidence – Paul Sangha examines the justification defence in discrimination cases, with a focus on Lord Chancellor v McCloud & Ors [2018] EWCA Civ 2844 in which the Court of Appeal highlighted what is required for the defence to succeed.
  5. Vicarious Liability: Employers without Appropriate Insurance are Living Precariously – Megan Crowther examines how the Court of Appeal applied the Cox/Mohamud criteria on vicarious liability in three cases over the course of 2018 which highlight the importance of having suitable insurance.

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