I'm a solicitor and the chief operating officer at Canter Levin & Berg. I was formerly head of the employment department. I maintain this website so if you have any suggestions, criticisms or recommendations please email me at martinmalone@canter-law.co.uk. Outside work my interests include national hunt horse racing, France and French wine and current affairs. I also design and maintain websites.

Employment status of a hairdresser

In a decision that will no doubt be of interest to many apparently self-employed hairdressers, Employment Judge Marion Batten, sitting in the Manchester Employment Tribunals, has held on determination of a preliminary issue that a qualified hairdresser who was working under what was described as an Independent Contract for Services, was in fact an employee…

Furlough update

Significant changes to the Government’s furlough scheme are due to come into effect on 1 July and cover the period until it closes on 31 October. Flexible furlough Flexible furloughing is available from 1 July. It is open to staff who had been furloughed on or before 30 June. In practice that means that the…

Law Commission report on employment tribunals reform

The Law Commission has published its report into Employment Law Hearing Structures and made some significant and, in my view very sensible proposals. The report runs to 212 pages so I’ll just highlight a few of the key points, which I think would be welcomed by employment law practitioners and tribunal users alike. Time limits…

Is length of service a relevant consideration for wrongful dismissal?

In East Coast Main Line Company Limited v Mr J Cameron the questions considered by the Employment Appeal Tribunal were whether the judgment of the Employment Tribunal, based on the facts, was perverse, and whether the Tribunal should have taken into account Mr Cameron’s long service when considering his claim for wrongful dismissal. Mr Cameron…

£4.7 million award for disability discrimination

A former NatWest bank employee has been awarded a record £4.7 million for unfair dismissal and disability discrimination, with the award recently confirmed in the Employment Appeal Tribunal. The claimant, known in the tribunal proceedings as “AB” worked for NatWest (subsequently Royal Bank of Scotland plc) from 2008 until her resignation in 2014. In August…

Dismissed for saying that men are men and women are women

As I mentioned in the introduction to last month’s newsletter, the end of 2019 brought with it the most-talked about employment case of the year, even though it was a tribunal decision rather than coming from one of the higher courts, and is therefore not binding on other tribunals. Those (like me) who follow current…