Category Archives: Case update

Case update (3): Employment status – Gig economy deal struck

employment status
A Tribunal decision last summer (available here), confirmed that couriers of Hermes, classed as “self employed”, were in fact workers.  Following this decision, the GMB Union and Hermes announced earlier this month (available here) that they will be offering couriers paid holiday and guaranteed wage rates.  In return couriers will have to follow the routes…
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Case update (1): Working time – Record keeping

overtime
Summary: Is there an obligation for EU employers to introduce a system for recording actual number of hours worked each day? Yes, says Advocate-General Pitruzzella in Federacion de Servicios de Comisiones Obreras -v- Deutsche Bank SAE available here. Background:  Under the EU working time directive, employers are required to set up a system for recording…
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Case update (2): Equal pay – Comparators

What do we already know? We updated you in our October 2016 Newsflash Gender pay gap – Equal pay case to proceed, our November 2016 blog What does ASDA mean for me?, and September 2017 Newsflash Case update (2): Gender pay gap – equal pay case to proceed on the preliminary Tribunal and EAT’s decisions…
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Case update (1): Employment status – UBER drivers confirmed ‘workers’

private hire drivers
We updated you in our November 2017 Newsletter Case update (1): Uber drivers are ‘workers’ on the EAT’s decision that drivers who provide services to the online taxi firm, Uber, are ‘workers’, rather than self-employed. Uber appealed against the EAT decision and the Court of Appeal has now published its decision as explained below. Summary:…
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Case update (2): Disabilty discrimination – Enhanced pensions

depression
What do we already know? We updated you in our August 2017 Newsletter Case update (1) Disability discrimination – unfavourable advantageous treatment on the Court of Appeal’s decision in Williams v The Trustees of Swansea University Pension & Assurance Scheme and another. In this case the employee argued that because his enhanced pension was based…
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Case update (1): Employment status – ‘Self-employed’ private hire drivers

private hire drivers
Summary: Were private hire drivers ‘workers’ or independent contractors as provided under the terms of their Driver Contract? ‘Workers’, said the EAT in the case of Addison Lee Ltd v Lange and others, available here. Facts:  The claimants were all private hire drivers engaged by Addison Lee. As part of the agreement between Addison Lee…
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Case update (2): Contracts of employment – Long-term disability benefits

depression
Summary:  Is there an implied term that an employer will not dismiss an employee for incapability if that would frustrate entitlement to long-term disability benefits? Yes, on the facts, held the EAT in Awan v ICTS available here. Facts:  Mr Awan, the employee, commenced employment with American Airlines, the employer, as a security agent at…
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Case update (3): Employer’s liability – when the (Christmas) party’s over

christmas party
Summary:  Was employer vicariously liable for its managing director’s assault on an employee when drinking in a hotel bar after the company’s Christmas party? Yes, says the Court of Appeal in Bellman v Northampton Recruitment Limited, available here. Facts:  Mr Major was the Managing Director of Northampton Recruitment Ltd, the employer. A Christmas party was…
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Case update (3): Holiday pay – carry over made easy

holiday pay
Summary:  If a worker doesn’t ask to take their outstanding statutory holiday entitlement before the end of their leave year, can they be prevented from carrying it over to the next? No, unless the employer has ensured “specifically and transparently” that the worker has been given the opportunity to take the leave, held the CJEU…
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Case update (2): Whistleblowing – can an individual be liable?

whistle-blower
Summary: Can individual workers can be liable for a whistleblowing dismissal? Yes, held the EAT in Timis & Anor v Osipov & Anor available here. Background:  Since 2013, whistleblowers have had the right to bring a claim directly against their co-workers if subjected to a detriment other than dismissal itself. Dismissal and detriment are treated…
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