Category Archives: Contracts of employment

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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Government reforms (2): Good work plan (response to Taylor Review) updated

employment status
What do we already know? The Taylor Review of Modern Working Practices (‘the Taylor Review’), made detailed recommendations for reform of UK employment law in respect of those who are not engaged as traditional employees, both in the “gig economy” and elsewhere.  For further detail on the background of this Review please see our updates…
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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 (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 (1): Employer’s liability – it’s more likely…

What do we already know? We updated you in our March 2016 Newsletter Employers liability – it’s more likely… on two Supreme Court decisions which demonstrated an increasing willingness by the courts to hold an employer liable for the actions of its staff. The Supreme Court adopted a two stage test for liability which considered…
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Case update (1): Holiday pay and voluntary overtime

holiday pay
What do we already know? We updated you in our August 2017 Newsletter Case update (3): Holiday pay and voluntary overtime on the EAT’s decision in Dudley Metropolitan Borough Council v Willetts and Others.  It was decided in this case that payments for voluntary overtime that is normally worked must be included when calculating holiday…
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Apprenticeships for Schools

picture of a college class room
The Department for Education has published a new guide for schools, available here on: what apprenticeships are; how schools can use them to benefit their workforces; and how the apprenticeship levy and public sector target apply to schools. The guide is aimed at school leaders and governing bodies in all schools in England and local…
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