Summary:  Was a delivery courier a “worker” despite the existence of a contractual right of substitution? Yes, says the EAT in Stuart Delivery ltd v Augustine, available here. Background:  To be legally defined as a “worker”, an individual must be obliged to carry out services personally. If the individual has a genuine and unfettered right…
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The Government has updated its guidance on holiday entitlement (available here). It explains how to work out statutory holiday entitlement for a worker who works a full leave year, and calculating holiday for staff that start or leave part way through the year. The Government has also published an Excel holiday calculator (available here), which…
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What do we already know? The Taylor Review of Modern Working Practices (‘the Taylor Review’), made detailed recommendations for reform of UK employment law.  For further detail on the background of this Review please see our updates here. The Government’s response to the Taylor Review was the ‘Good Work’ plan in which it sets out its…
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What do we already know? We updated you in our March 2018 Newsletter Case update (2): Happy holidays! Pay for term-time workers that the EAT had decided in Brazel v The Harpur Trust that holiday pay for staff who work irregular hours should be calculated using the standard 12-week reference period required under the Working…
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Summary:  Are agency workers entitled to the same number of working hours per week as permanent employees? No, says the Court of Appeal in Kocur v Angard Staffing Solutions Ltd available here. Background:  The Agency Workers Regulations 2010 (AWR) were introduced to ensure that the basic terms and conditions of temporary agency staff are the…
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What do we already know? The Taylor Review of Modern Working Practices, made detailed recommendations for reform of UK employment law.  For further detail on the background of this Review please see our updates here. The Government’s response to the Taylor Review was the ‘Good Work’ plan in which it sets out its plans on taking…
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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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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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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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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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