The growth of the “gig economy”, the demands of the millennials for greater flexibility, the tax and national insurance benefits of self-employment and Government reviews of employment status have brought the issue of employment status to the forefront of many employers’ minds.
With extensive experience of the complex issues involved, our employment and employment tax lawyers can guide businesses through this tricky area and help workforces plan for the challenges of the 21st Century or defend themselves from challenges whether from unions, their workforce or HMRC.
Employment status - ECJ clarifies who counts as a worker under EU law in gig economy ruling30 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 202029 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 appeal20 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 challenge05 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 fails05 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 DOWN04 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.
Linda Hynes writes for Legal Island: The Employment (Miscellaneous Provisions) Bill 2017 - does it go too far?16 July 2018
In an article for Legal Island, Linda Hynes discusses the new Employment (Miscellaneous Provisions) Bill 2017 and what it means for employers.
Supreme Court says Pimlico Plumbers are workers13 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.