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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What do we already know? We updated you in our June Newsflash Employment status and the “self-employed” plumber on the Supreme Court’s decision that a ‘self-employed’ plumber could be categorised as a ‘worker’ for employment purposes. What’s new? As promised in our above June Newsflash we provide further details of the case below. Summary:  Can…
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You will hopefully have read by now our newsflash on the Supreme Court’s Pimlico Plumbers judgment. I’d like to clear up a couple of myths about that case that have been circulating in the media. First of all, this it is not a gig economy case. Mr Smith was not engaged via an app or…
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What do we already know? We updated you in our February 2017 Newsletter Employment status & the ‘self-employed’ plumber on the Court of Appeal’s decision in Pimlico Plumbers & Charlie Mullins v Gary Smith. The Court of Appeal decided that a plumber, Mr Smith, who was self employed for tax purposes, could nevertheless be categorised…
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We updated you in our recent March 2018 Newsflash Happy holidays! Pay for term-time workers on the EAT’s decision in the case of Brazel v The Harpur Trust.  The EAT decided that holiday pay for term-time workers should be calculated based on the reference period of the 12 weeks prior to the holiday – not…
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Can the holiday pay rate for term-time workers be legally calculated on the basis of 12.07% of annual pay? No, says the EAT in Brazel v The Harpur Trust, available here. The EAT held that the correct method is to base the rate on a 12-week average of pay from weeks actually worked (so ignoring…
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What do we already know? We updated you in our July 2017 Newsletter Government reforms (1): Employment status – Taylor Review that the Taylor Review of Modern Working Practices had been published.  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…
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What do we already know? We updated you in our November 2017 Newsflash Uber drivers are ‘workers’ and 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. We also told you that Uber…
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What do we already know? We updated you in our June 2017 Newsletter Case update (1): Annual leave and employment status on the Advocate General’s Opinion in the case of King v The Sash Window Workshop Limited.  The Advocate General’s Opinion was that a worker should be entitled to carry over untaken holiday when they have…
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