Summary:  Does a courier’s ability to use an app to release their time-slot to other couriers (from the same company) provide sufficient right of substitution to defeat a claim to worker status? No, says the Court of Appeal in Stuart Delivery Ltd v Augustine available here. Background: The law groups staff as employees, workers or…
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What do we already know? We updated you in our January 2019 Newsletter Case update (1): Employment status – UBER drivers confirmed ‘workers’ on the Court of Appeal’s decision in Uber v Aslam that drivers who provide services to the online taxi firm, Uber, are ‘workers’, rather than self-employed. Uber appealed to the Supreme Court…
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Summary:  Are agency workers entitled to apply and be considered for vacancies on the same terms as directly-recruited employees under the Agency Workers Regulations 2010? No, held the EAT in Angard Staffing Solutions Ltd & anor v Kocur & anor, available here. Background:  The Agency Workers Regulations 2010 (AWR) were introduced to ensure that the…
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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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