Docklands Solicitor
Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.
Monday, 28 November 2011
Legal Expenses Insurance
Labels: complex, expenses, insurance, Legal, panel rates
Wednesday, 23 November 2011
Employment Law changes
Labels: changes, conversation, dispute, employee, employer, fees, protected, unfair dismissal
Monday, 21 November 2011
Employed or “Self-employed” ?
Key to the Tribunal’s decision in Johnson-Caswell v MJB (Partnership) Ltd was the level of control the employer exerted over the IFA in order to ensure compliance with FSA rules.
When Johnson-Caswell’s contract was terminated he lodged several claims including a claim for unfair dismissal.
At the PHR it was held that MJB Ltd exercised a ‘sufficient degree of control’ and the ‘control’ test laid down in the Ready Mix concrete case was met, thus Johnson-Caswell was held to be an employee.
That the control was exercised in order to meet the firm’s FSA obligations was irrelevant and the test was met despite Johnson-Caswell’s autonomy in determining how he worked and charged his clients.
This is a first instance decision but it is likely to cause concern to firms who are FSA regulated and may well impact on other regulated industries.
Call Vanessa Wheeler 07852 658 865 or email vjw@kaslers.co.uk
Labels: employed, self employed
Subscribe to Posts [Atom]
Archives
- October 2008
- November 2008
- December 2008
- January 2009
- February 2009
- March 2009
- April 2009
- May 2009
- June 2009
- July 2009
- August 2009
- September 2009
- October 2009
- November 2009
- December 2009
- January 2010
- March 2010
- April 2010
- May 2010
- June 2010
- July 2010
- August 2010
- September 2010
- October 2010
- December 2010
- January 2011
- February 2011
- March 2011
- April 2011
- May 2011
- June 2011
- July 2011
- August 2011
- September 2011
- November 2011
- December 2011