In light of recent developments in Reilly v Sandwell Metropolitan Borough Council and Quintiles Commercial UK Ltd v Barongo, we sought to reconsider British Home Stores v Burchell, a case that established the long-standing test to apply when deciding the fairness of a dismissal for misconduct, and ask whether the approach has been rendered obsolete.

We reviewed a number of interesting cases this month, including, Reading Borough Council v James & Ors in which the UKEAT ruled the right to equal pay is not curtailed by the promotion of a comparator; Pimlico Plumbers v Gary Smith, whereby, despite being VAT-registered and paying self-employed tax, Mr Smith, a freelance plumber, was deemed a ‘worker’ under s.230 (3) (b) of the Employment