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New Deal talking points: Will a ban on unpaid internships make a difference?
31 July 2024One of Labour’s proposals to raise wages for workers is a long-awaited ban on unpaid internships. But when many interns should already be legally paid, will a ban be a material change?
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Retained EU law bill: our proposals for employment law reform
15 March 2023The Retained EU Law (Revocation and Reform) Bill could have sweeping effects on UK employment law. With a hard deadline of 31 December 2023, quick decisions about reforms will be needed. We’ve drawn up a list of the EU-based employment laws we’d like to see changed.
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What's happening in employment law in Ireland in 2023
05 January 2023The whirlwind of workplace and employment law developments we saw in 2022 is set to continue with multiple proposals for reform in the pipeline, including requirements on employers to deal with flexible and remote work requests, the introduction of a national living wage and other reforms flowing from the EU. Here’s our annual round-up of what to expect.
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What’s happening in employment law in 2023?
05 January 2023There’s lots happening in employment law all of a sudden. 2023 looks set to be a year in which major employment law changes are shaped and fleshed out. From the post-Brexit reform agenda to a series of private members’ bills, key caselaw decisions to other planned developments, there is much change on the horizon, and little time for us to get our heads around it. Here’s our annual round-up of what to expect.
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What’s happening in employment law in Northern Ireland in 2023?
04 January 2023With the continuing lack of a functioning Executive and Assembly in Northern Ireland, employment law remains more or less in stalemate. That said, the active post-Brexit reform agenda impacts Northern Ireland and the decision in an important holiday pay case is expected. Here’s our annual round-up of what to expect.
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Holiday pay for part-year workers should not be pro-rated
21 July 2022The Supreme Court has ruled that the paid holiday entitlement of part-year workers should not be pro-rated for the weeks they do not usually work. This means that the 12.07% method for calculating the holiday pay hours of casual workers on permanent contracts is no longer a valid approach.
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Court of appeal decision gives comfort on employment status for tax purposes
26 May 2022The Court of Appeal has held that when determining employment status of an individual for tax purposes the contractual terms should not be disregarded unless they are unrealistic. This decision offers some comfort to businesses which engage self-employed contractors, including those in the gig economy.
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A requirement to offer or accept a minimum amount of work is not a prerequisite of worker status, says the Court of Appeal
10 March 2022In this latest employment status case, the Court of Appeal considered if an individual can be a worker without there being any commitment to offer or accept a minimum amount of work. The Court concluded that such a commitment is not a requirement of worker status and that a panel committee member was, therefore, a worker entitled to paid holidays.
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Consultation on banded hours contracts and enhanced rights for zero-hour workers in Northern Ireland
28 February 2022The Northern Ireland Assembly is consulting on proposed legislation to enhance the statutory protections for zero-hours workers, including call-out payments, banning exclusivity clauses and introducing the right to request a “banded hours” contract. Consultation closes on 4 March 2022.
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Agency workers and the right to be informed of vacancies
22 February 2022Agency workers must be informed of relevant vacancies with the hiring business but have no right to be considered for those vacancies on the same terms as the hirer’s direct recruits, according to a new Court of Appeal ruling.
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Pimlico Plumbers part two - compensation for unpaid holiday throughout engagement
02 February 2022In a decision with major implications across the gig economy and beyond, the Court of Appeal has ruled that workers who were incorrectly classified as independent contractors and were not paid for holiday can claim compensation for the whole period of their engagement.
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European Commission issues draft “platform worker” legislation
10 December 2021The European Commission has released draft legislation to reform conditions for platform economy workers in the EU. The centrepiece is a proposal to create a “rebuttable presumption” of employed status if persons working via platforms fulfil at least two of five criteria. The EU would also require greater human involvement where algorithms are used to make management decisions.
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Football referees employees not self-employed, says Court of Appeal
07 October 2021The Court of Appeal has allowed HM Revenue & Customs’ appeal against a decision that there was insufficient mutuality of obligation and control for football referees to be treated as employees for tax purposes.
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IR35 compliance checks: are your ducks in a row?
23 September 2021Nearly six months on from the introduction of a new IR35 regime in the private sector, HMRC has started IR35 compliance checks in both the financial services and the oil and gas sectors.
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Court of Appeal rejects challenge to Deliveroo riders’ self-employed status
24 June 2021The Court of Appeal has unanimously and emphatically rejected an appeal, based on novel human rights arguments, that Deliveroo riders were “workers” for the purposes of the UK’s trade union recognition legislation.
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No right to carry over holiday pay entitlement where leave has already been taken unpaid
23 March 2021The Employment Appeal Tribunal has ruled that, where a worker has taken a period of unpaid holiday, they will not be entitled to a backdated payment for it (or any earlier periods) if they do not submit a claim within a three-month limitation period after the claim has arisen. The decision of the European Court of Justice in King v Sash Window Workshop did not require a different approach.
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The world of employment law: Casual, on-call and freelance workers
09 March 2021Questions of employment status continue to preoccupy courts and legislators, as new technology and new ways of working pose a challenge to traditional definitions of employee and contractor. Cases on this issue are being brought around the world, many of which revolve around taxi and delivery drivers engaged through digital platforms.
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Supreme Court confirms that Uber drivers are workers
22 February 2021The Supreme Court has unanimously decided that drivers engaged by Uber are workers rather than independent contractors. It also decided that drivers are working when they are signed into the Uber app and ready to work.
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Supply of labour regulations - will your business be caught
07 October 2020This article considers the implications of a recent High Court judgment taking a broad approach to the concept of “employment” in the legislation regulating businesses which supply labour.
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Agency workers and how to engage them
07 October 2020This article looks at the increasing popularity of agency workers in light of coronavirus and the main points that businesses should consider when seeking to engage them.