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.
Agency workers and how to engage them07 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.
Supply of labour regulations - will your business be caught07 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.
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 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.