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Employment Status – Confusion or Clarity?
/in Employment Law/by Meredith HurstThe EAT recently upheld the Employment Tribunal’s decision in the Uber case, confirming that Uber drivers are workers and not self-employed. A week later, in response to an application that the Independent Workers Union of Great Britain (IWGB) be recognised by Deliveroo for collective bargaining purposes, the Central Arbitration Committee determined that Deliveroo couriers are […]
Employment status, Uber and control
/in Employment Tribunal/by Meredith HurstAccording to the Office of National Statistics, around 15% of the UK’s workforce is ‘self-employed’. We have, we are told, a ‘gig economy’ – no longer fuelled by employees but freelancers, self-employed entrepreneurs picking up ‘gigs’ to perform work when and where it suits. But with Uber challenging the Employment Tribunal decision that its drivers […]
Stop Press!! Bereavement Leave & Employment Tribunal Fees
/in Employment Law/by Meredith HurstWe bring news of two interesting developments for employers and for employees and for anyone who made an employment tribunal claim between 29 July 2013 and 26 July 2017 Bereavement Leave Despite the provisions for taking time off in emergencies, and unpaid parental leave, there is no express provision for parents to take time off […]
Can I take that time off?
/in Right to time off/by Meredith HurstOver the last few years, the UK has built up a treasure chest of rights for employees and workers in respect of time off work. Alongside annual leave, and sick leave, there’s maternity, paternity and adoption leave. There’s the right to unpaid parental leave, and time off for family and dependants. Your employer may also […]
Considering questions of settlement- Asda Stores Ltd v Brierley & Ors
/in Compromise Agreements/by Meredith HurstJust a couple of weeks ago, the EAT delivered its decision in one of the ‘cases to watch’ for 2017, Asda Stores Ltd v Brierley & Ors. The case is still at a preliminary stage. The EAT decision relates to whether the claimants, store workers, who are mostly female, can compare themselves to distribution depot […]
Hidden Disabilities – a Practical Seminar on 21 September 2017
/in Equality Act 2010/by Neill ThomasAs awareness of ‘hidden disabilities’ – dyslexia, dyspraxia, autism, ADHD – grows within society as a whole, it’s becoming clear that there is still a great deal of ignorance about these conditions – also known as ‘neurodifferences’ and how they affect people. In the workplace, the fact that someone might not ‘appear’ to be disabled […]
Rethinking the burden of proof in Direct Discrimination claims
/in Equality Act 2010/by Meredith HurstIn a recent decision that will have important repercussions for many direct discrimination claims under the Equality Act 2010, the EAT has held that the concept of the “shifting burden of proof” is not legally correct. We take a closer look at the decision in Efobi v Royal Mail Group LtdUKEAT/0203/16/DA and the consequences for […]
Settlement Agreements – 10 things you need to know
/in Compromise Agreements/by Meredith HurstBeing called in to have an ‘off the record’ discussion about your employment may come out of the blue. Equally, it may be a relief if you have suspected ‘something’ has been on the cards for a while. A settlement agreement might be raised with you during the processing of a disciplinary matter, during a […]
“In the public interest” – the latest on whistleblowing
/in Employment Law/by Meredith HurstThe Court of Appeal has delivered an important judgment clarifying the phrase ‘in the public interest‘ in the context of the ‘whistleblowing’ legislation. We summarise the key aspects of ‘whistleblowing’, and look at the decision in Chesterton Global Ltd v Nurmohamed [2017] EWCA 979 which confirms that a disclosure may be in the public interest […]