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King v. Sash Windows judgment leaves employers vulnerable to backdated holiday claims

In King v. Sash Windows, the European Court of Justice (ECJ) has held that anyone deemed to have "worker" status is entitled to carry over paid annual holiday in circumstances where they have not had the opportunity to take it.
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King v. Sash Windows judgment leaves employers vulnerable to backdated holiday claims

Uber appeals to Supreme Court

Uber presented its application to the Supreme Court to appeal the Employment Appeal Tribunal (EAT) decision that its drivers are workers and should have associated rights.
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Uber appeals to Supreme Court

Autumn Budget – employment provisions

The Chancellor has spoken and presented his first Autumn Budget.
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Autumn Budget – employment provisions

Managing a flexible workforce

With Christmas on the way (a busy time of year in many sectors – including hospitality) Big Hospitality has published our article on three key ways to manage a flexible workforce.  Please do have a read here – the principles can be applied to other types of flexible workforce too.

Managing a flexible workforce

Uber loses appeal on worker status

In the continuing worker status saga, Uber's recent appeal against the Tribunal ruling that its drivers are workers, rather than self-employed individuals, has been dismissed by the EAT.
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Uber loses appeal on worker status

Worker status

Following last years Employment Tribunal decision that Uber drivers were workers rather than self-employed, Uber's appeal hearing at the Employment Appeal Tribunal (EAT) concluded today.
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Worker status

People Management article, featuring Michael Bronstein

As you may have seen, People Management recently published an article on some of the big developments in employment law in 2017, particularly Brexit and the Taylor review. The discussion featured Michael Bronstein, a partner here at Dentons. Michael gave some insight on the potential effects of withdrawing from the EU on employment legislation, acknowledging that there is 'a common misconception that all employment rights are created by the EU'. In the lead up to triggering Article 50, the government maintained that there would not be any change to workers' rights following Brexit, so it would be brave to take away key protections, many of which derive from UK law anyway. Other commentators suggested there may be reforms to TUPE, although agreed that it will stay, but perhaps in a slightly amended form. As for a new visa regime for workers, the outcome is unclear. The uncertainty has already caused many workers to leave at a time where we are beginning to see a shortage of labour. This has not been helped by the recent leaked Home Office post-Brexit Immigration Policy which has confirmed the fears of employers with respect to the future of EU workers in the UK.
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People Management article, featuring Michael Bronstein

Self-employed contractors and the gig economy – keep watching this space!

Pimlico Plumbers has now been granted permission to appeal to the Supreme Court. The decision reached by the Supreme Court will be significant as the highest authority on the employment status of purportedly self-employed contractors. It is likely to have implications for the so-called "gig economy".
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Self-employed contractors and the gig economy – keep watching this space!

Another triumph for cyclists

Following in the tracks of CitySprint, Deliveroo and Excel, Addison Lee is the latest company to wrongly classify its workforce.
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Another triumph for cyclists

Gig economy: Couriers delivering emergency blood are workers

In March 2017, five cyclists, motorcyclists and van drivers who carry emergency blood to hospitals and samples to laboratories launched a claim challenging their self-employed status, backed by the Independent Workers Union of Great Britain (IWGB).

Last week The Doctors Laboratory (TDL) conceded that these five couriers are in fact workers, however notably did not confirm whether they would repay holiday pay owed to the workers. This concession of worker status follows a similar concession by eCourier, which recently admitted to wrongly classifying couriers as self-employed contractors rather than workers.

This is the latest development in the increasing number of gig economy employment status cases. The recent moves by eCourier and TDL in conceding worker status show the momentum that is gathering behind such cases and that companies are now seemingly prepared to pre-empt a tribunal ruling of worker status. The general secretary of IWGB, Jason Moyer-Lee, went as far as saying that it shows that “worker status is an inevitability in the gig economy”. Interestingly IWGB is going to continue its case against TDL and will argue that the couriers are in fact employees, not just workers, in an attempt to secure them the guaranteed additional benefits (such as protection against unfair dismissal) that such a classification would bring.

Gig economy: Couriers delivering emergency blood are workers