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November 2017 Newsletter – Education sector

It’s November and as with the fireworks at the start of this month, the Information Commissioner’s Office is hoping to shed light on the GDPR by setting up a telephone advice line for small businesses. Advice is also finally available for all those who need Tribunal fees refunded since the Supreme Court decision in July.  Also a review published last month, which was commissioned by the Government, helps to illuminate how organisations can improve mental health in their workplace.

In our case update this month we take a look at the EAT decision that Uber’s drivers are workers, rather than self employed.  Finally we update you on the Court of Appeal’s decision that if a dismissal is actioned by a manager unaware of the employee’s protected disclosures, that employee is not automatically unfairly dismissed for whistleblowing.

What we’ve been doing in the Education sector recently…

With the focus on the gig economy and the Uber type holiday pay cases we are conscious that some of our college clients have, shall we say, grey areas with some of their contractors. It is important to get this right as the risk of treating someone as self-employed where the Tribunal or HMRC take a different view can have very serious and expensive consequences.

For many years the criteria of personal service has been at the heart of employment and worker status which means that a well drafted substitution clause, which is not a sham can defeat any claim regarding employment or worker status. The picture is no longer quite so clear cut and we do recommend that you carry out an audit of the actual status of the people you engage (i.e. looking beyond the labels that you have applied), and we are happy to help in that regard.

Simon Martin
Partner, Solicitor
email Simon or call 0117 325 0929


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