The Supreme Court handed down its judgment yesterday in the case of Pimlico Plumbers Ltd and another v Gary Smith  UKSC 29 confirming (as the Employment Appeal Tribunal and the Court of Appeal had) that Mr Smith was a worker within the meaning of the Employment Rights Act and not, as Pimlico Plumbers contended, self-employed.
As the gig economy has grown and developed, so too has the law relating to so-called "gig workers" and how their employment status should be regarded. As we have reported previously, in November last year, the Employment Appeal Tribunal (EAT) rejected app-based taxi firm Uber's appeal against the Employment Tribunal's (ET) earlier decision that its drivers should be categorised as workers rather than self-employed contractors.
The House of Commons Work and Pensions and Business, Energy and Industrial Strategy Committees (the Committees) made recommendations in November 2017 for addressing the issues raised in the Taylor Review. These included:
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.
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. 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.