24 January 2019
In this Edition:
- A Message / Introduction – from Richard Ryan.
- 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’.
- 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.
- Justification: The Need for Supporting Evidence – Paul Sangha examines the justification defence in discrimination cases, with a focus on Lord Chancellor v McCloud & Ors  EWCA Civ 2844 in which the Court of Appeal highlighted what is required for the defence to succeed.
- 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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