Employment Status: Members and partners are left whistling

Barlow Robbins LLP | Employment Law Journal | November 2012 #135
The Court of Appeal has held that LLP members lose employment rights but an independent contractor surgeon is ‘a worker’, reports David Ludlow A worker is ‘to some extent at least subordinate to the employer’ whereas ‘the partnership concept is the antithesis of subordination’. Employment lawyers and tribunals regularly deal with cases in which the …

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Justification Defence: Revisiting the ‘cost plus’ rule

Lewis Silkin | Employment Law Journal | May 2012 #130
Katharine McPherson reviews the decision in Woodcock v Cumbria PCT and considers what role cost may play in justifying treatment that would otherwise amount to discrimination ‘In accordance with previous case law, the court agreed that an employer cannot justify discrimination simply because not discriminating would involve increased costs.’ For some time now, case law …

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Arbitration: Being picky

Mayer Brown International LLP | The Commercial Litigation Journal | September/October 2011 #39
Philippa Charles discusses the recent Supreme Court judgment in Jivraj The London arbitration community has warmly welcomed the judgment of the Supreme Court in the case of Nurdin Jivraj v Sadruddin Hashwani [2011]. The issues in the case and the decision of the Court of Appeal had carried what one advocate described as ‘chilling’ implications …

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