Insights & News

No right to carry over holiday pay entitlement where leave has already been taken unpaid

23 March 2021

The 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.

The world of employment law: Casual, on-call and freelance workers

09 March 2021

Questions 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.

Supreme Court confirms that Uber drivers are workers

22 February 2021

The 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.

Supply of labour regulations - will your business be caught

07 October 2020

This 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.

Agency workers and how to engage them

07 October 2020

This 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.

Engaging contractors through an agency – what are the legal issues when the contractor uses a limited company?

01 September 2020

This article looks at the key points businesses should consider when seeking to engage contractors through an agency, with a focus on contractors who use their own limited company or personal services company.

Employment status - ECJ clarifies who counts as a worker under EU law in gig economy ruling

30 April 2020

The European Court of Justice has ruled that it’s up to national courts to make decisions about employment status, but that a courier working for Yodel in the UK appeared to them to have been correctly classified as self-employed, given the latitude he had over accepting jobs, working for competitors, providing substitutes and deciding his work schedule. The crucial factors were independence and subordination.

Written statement of employment particulars – new rules from April 2020

29 January 2020

Employers need to be providing new-form written statements of employment particulars (sometimes called section 1 statements) from April this year. This article summarises what is changing and what employers should do to prepare.

Court of Appeal rejects Uber's worker status appeal

20 December 2018

The Court of Appeal (“CA”) has upheld, by a 2:1 majority, the ruling of the Employment Appeal Tribunal (“EAT”) that drivers engaged by Uber are “workers” rather than independent contractors. The majority also upheld the finding of the Employment Tribunal (“ET”) that drivers are working when they are signed into the Uber app and ready to work.

Lewis Silkin successful in Deliveroo judicial review challenge

Press Release

05 December 2018

The High Court has dismissed a judicial review challenge to a finding by the Central Arbitration Committee that Deliveroo riders are not “workers”. The Court ruled that the riders are not in an “employment relationship” for the purposes of European law.

Trade union’s Deliveroo judicial review challenge fails

05 December 2018

The High Court (“HC”) has dismissed a judicial review challenge to a finding by the Central Arbitration Committee (“CAC”) that Deliveroo riders are not “workers”. The HC ruled that the riders are not in an “employment relationship” for the purposes of European law.

James Davies comments for The Law Society Gazette: THE LOW DOWN

Press

04 September 2018

James Davies comments in an article for The Law Society Gazette, which discusses the demand for employment law advice due to the increase in ‘gig economy’ cases and the abolition of tribunal fees.

Supreme Court says Pimlico Plumbers are workers

13 June 2018

In the latest major development in a series of cases on employment status, the Supreme Court has rejected an appeal by Pimlico Plumbers and confirmed that a “self-employed” plumber should have been classed a worker.

Appeal judgment confirms Addison Lee cycle couriers are workers

17 May 2018

In the latest decision on employment status in the gig economy, the Employment Appeal Tribunal (“EAT”) has dismissed an appeal by Addison Lee against an Employment Tribunal (“ET”) decision that its cycle couriers were “workers” and so entitled to holiday pay.

The future of employment law – Taylor-ed to fit?

11 July 2017

The Review of Employment Practices in the Modern Economy, commissioned by the prime minister last October and chaired by Matthew Taylor, has produced its long awaited report.

Employment status – the power of three: employee, worker and self-employed

04 July 2017

In an article for Employment Solicitor, Karen Baxter takes a look at recent cases which have tested the boundaries of employment status and assess how employers can keep pace with the changing market as the world of work evolves.

The future world of work: Lewis Silkin’s perspectives on regulating the work relationship

25 May 2017

Profound underlying changes in technology and demography are transforming work.

General election 2017 - what might the manifestos say about employment law?

27 April 2017

Theresa May’s announcement of a snap general election caught everyone off guard. The various political parties will be rushing to fill their manifestos with headline-grabbing policies, although these will not necessarily be very well thought through.

Gig economy: the equality challenge?

Press

25 April 2017

Sean Dempsey and David Hopper comment in HRZone on equality in the gig economy.