Newsflash: EAT says Uber drivers are ‘workers’

What do we already know? We updated you in our November 2016 Newsflash Uber drivers are ‘workers’ on the Tribunal’s decision that drivers who provide services to the online taxi firm, Uber, are ‘workers’, rather than self-employed. Uber appealed the Tribunal’s decision to the EAT. What’s new? The EAT has upheld the Tribunal’s decision that…
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Newsflash : Warning – take care with suspension!

Summary: Was the suspension of a teacher a neutral act and, if not, did it amount to a breach of the implied term of mutual trust and confidence? No, suspension is not a neutral act and yes, an improper suspension can amount to a breach of the above implied term, says the High Court in…
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Newsflash – Tribunal fees case management order

What do we already know? We updated you in our Newsflash Tribunal fees – the aftermath that the Presidents of the Employment Tribunals had issued Case Management Orders staying all Tribunal claims or applications brought in reliance on the Supreme Court’s decision to abolish Tribunal fees. What’s new? The stay on claims has been lifted…
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Newsflash: Tribunal fees – the aftermath

What do we already know? We updated you in our July Newsflash Tribunal fees unlawful – enormous impact that the Supreme Court has ruled that Tribunal fees are unlawful and have struck them down, not just with immediate effect but also back-dated to their inception in July 2013. We also described the potential for ‘historical’ claims…
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Newsflash: Holiday pay and voluntary overtime

What do we already know? We updated you in our September 2016 Newsletter Case update (2): Holiday pay – What about voluntary overtime? that the Tribunal in Brettle v Dudley Metropolitan Borough Council decided that voluntary overtime payments should be included in calculating holiday pay, provided that overtime is worked with “sufficient regularity” to constitute…
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Newsflash: tribunal fees unlawful – enormous impact

  This development will have a seismic impact on the world of Employment Tribunal claims and employers’ employment law risks. What do we already know? We updated you in our June 2016 Newsflash Tribunal fees – another decision coming… that the Supreme Court was due to hear the appeal by UNISON against the Court of…
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Newsflash: Employment status – short-notice rates?

zero hours - hand holding timer showing zero
We updated you in our February 2017 Newsletter Government reforms (3): Employment status – reviews of the Taylor Review (launched in November 2016) which has been set up to work towards resolving the complexity of employment status. What’s new? Matthew Taylor, who is leading the Taylor Review, has put forward proposals that employers who hire…
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Newsflash: Employing people with health conditions

disability and health conditions
The Government has published guidance, available here, on employing disabled people and people with health conditions. The guidance contains a summary of information and links to resources on recruiting and employing these staff. This is to help employers increase their understanding of disability in order to enable them to recruit and support at work disabled…
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Newsflash: Religious discrimination & headscarves

race discrimination
What do we already know? We updated you in our July 2016 Newsletter Case update (2): Religious discrimination – dress code on Advocate General Opinions in respect of the legality of bans on wearing headscarves at work (Achbita and another v G4S Secure Solutions NV and Bougnaoui and another v Micropole SA). The Advocate Generals…
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Newsflash: Intermediaries (IR35) and the public sector

government reforms - elizabeth tower
What do we already know? In our February 2017 Newsletter Government reforms (2): Intermediaries (IR35) and the Public Sector we updated you that from 6 April 2017: individuals working through intermediaries (most commonly their own Personal Service Company (PSC)) in the public sector will no longer be responsible for deciding whether IR35 applies; and when…
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