Author Archives: Darren Newman

About Darren Newman

Employment law consultant, trainer, writer and anorak

Is obesity a disability?

It probably is – sometimes. It depends, really. In America it is well established that being obese counts as a disability (actually my only source for this is an episode of the Simpsons, but Matt Groening wouldn’t lie would he?). Here … Continue reading

Posted in Disability Discrimination | Tagged | Leave a comment

Exclusivity in zero-hours contracts

There is a general political consensus that something must be done about zero hours contracts. So with some fanfare, the Small Business, Enterprise and Employment Bill published today contains a provision which ‘bans’ the use of exclusivity clauses. In other words an … Continue reading

Posted in Zero Hours COntracts | Tagged , , , | 4 Comments

Early conciliation: what will success look like?

I should say at the outset that I am a big fan of Acas in general and its conciliation service in particular. In the hundreds of cases that I have been involved in – representing both employers and employees – … Continue reading

Posted in Early conciliation, Employment Tribunals, Enterprise and Regulatory Reform Bill | Tagged , , | 2 Comments

Advising on Zero-Hour Contracts: RBS Mentor and the Independent

I’ve written before about zero-hours contracts and how difficult it might be to solve some of the problems associated with them. Whatever view you take of that debate, however, the fact remains that as the law stands they are perfectly … Continue reading

Posted in Zero Hours COntracts | Tagged , , | 1 Comment

If it weren’t for the EU…

What would UK employment law look like if Britain had not joined the EU? The question occurred to me when I saw a Tweet from Hugo Rifkind during last night’s ‘in or out’ debate between Nigel Farage and Nick Clegg. Here’s … Continue reading

Posted in EU law | Tagged , , , , , | 6 Comments

Will the new Health and Work Service help or hinder business?

The idea behind the new Health and Work Service is that it will save employers money by helping sick employees get back to work. The truth, as ever, is rather more complicated than that. The new service is reported by … Continue reading

Posted in Sick pay, Unfair Dismissal | Tagged , , , , | 3 Comments

How would Lord Rennard fare as an employee?

Lord Rennard is not an employee – and that is something he should be relieved about. He has been investigated under the Liberal Democrats membership rules, which allow a member to be expelled for conduct which brings the Party into … Continue reading

Posted in Equality Act, Harassment | Tagged , , , | 1 Comment

Why did John McCririck lose his age discrimination claim?

So why did John McCririck lose? The simple answer is that I don’t know. And that’s a problem because I have read the 44 page Employment Tribunal decision. Explaining why one side has won and the other has lost is … Continue reading

Posted in Age discrimination, Employment Tribunals | Tagged , , | 8 Comments

Compensating Sharon Shoesmith

I’ve spent the last year confidently telling everyone I meet that there is no way that Haringey will settle Sharon Shoesmith’s case. There was such a media outcry over her role and the importance of not giving her a payout … Continue reading

Posted in Uncategorized | 2 Comments

Ed’s pledge on zero-hours contracts

After all the talk of reviewing and inquiring into the use of zero-hours contract a politician has actually announced a policy and proposed new legislation. I watched Ed Miliband deliver his speech to the TUC and make three specific pledges to … Continue reading

Posted in Zero Hours COntracts | Tagged , , , | 4 Comments