Labour & European Law Review
13 November 2008
A revised code of practice on discipline and grievance handling in the workplace is now available on the Acas website.
It is often not easy for courts to decide whether someone is an employee or self-employed, but the Court of Appeal has said in Jennings v The Forestry Commission (IDS 862) that the most important thing to ascertain is who has control over the way in which the work is to be done (including the use of work equipment).
To succeed in a constructive dismissal claim, employees have to show that their employer fundamentally breached a term of the contract.