Don’t Get Uber-Excited

By Matthew Pascall, Barrister, Guildford Chambers The Uber decision has not made new law and is highly fact-sensitive; Businesses need to be sure they understand the consequences of the arrangements they have with casual staff; Individuals working in the “Gig Economy” should not assume that they have signed away their employment rights on the basis...

TUPE and Pensions

A Short Briefing Note By Matthew Pascall, Barrister, Guildford Chambers Ordinarily one would assume that obligations and duties in relation to pension schemes that form part of or are related to contracts of employment would be caught by the TUPE Regulations and pass from transferor to transferee on a transfer of an undertaking. In fact,...

Calculating Holiday Pay

Bear Scotland & Others v. Fulton & Others UKEAT/0047/13/BI EAT Langstaff J- Calculating Holiday Pay Case Note by Matthew Pascal, Barrister Summary & Practical Issues: Employees are now entitled to holiday pay calculated by reference to overtime payments they have received averaged out over a period of 12 weeks from the date holiday pay is...

Care Home Win Against Local Authority

Care Home Win Against Local Authority in High Court Battle Roger Smithers has successfully represented a Care Home in a High Court dispute over fees with a Local Authority. There have been a number of well publicised disputes between care home owners and Councils about the level of funding provided to support vulnerable adults in...

In the Legal 500 2013, Guildford Chambers is ranked as a leading 2nd tier set in the South Eastern Circuit. Within Employment, Guildford Chambers’ Matthew Pascall is recommended for unfair dismissal and discrimination work. Rowan Morton is ‘tough but sensible; willing to fight for a point, but will not pursue a fruitless argument’. Within Commercial and Chancery,...

Keeping it quite: the NHS and Beyond

In the wake of the Government’s announcement that they are to ban gagging orders in NHS compromise agreements. The question to ponder is how non-NHS organisations are affected? Jeremy Hunt, Health Secretary, has stated all NHS compromise agreements for departing staff will have to be approved by the Department for Health and the Treasury. Also, they...

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