The Employment Rights of Uber Drivers: A Battle Won, the War Goes On – Oxford Human Rights Hub

Posted January 16th, 2019 in contract of employment, holidays, minimum wage, news, self-employment, taxis by sally

‘The judgment of the English Court of Appeal in Uber B.V. & others v Aslam & others (Case No: A2/2017/3467; 19 December 2018) has been hailed as a victory for workers. Uber’s business model, in common with many digital platforms, depends on classifying its drivers as independent contractors, who do not enjoy the rights of “employees” or “workers”. In essence, the majority of the Court endorsed the finding of the Employment Tribunal (ET) that these contractual provisions “do not correspond with the practical reality” and that the notion of Uber in London as “a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous.”’

Full Story

Oxford Human Rights Hub, 14th January 2019

Source: ohrh.law.ox.ac.uk

Workers get new rights in overhaul but zero-hours contracts remain – The Guardian

‘The government has introduced what it claims to be the biggest package of workplace reforms for 20 years after concerns that ministers have failed to appeal to voters who are “just about managing”.’

Full Story

The Guardian, 17th December 2018

Source: www.theguardian.com

800 BBC presenters could face tax investigations, says watchdog – BBC News

‘About 800 BBC TV and radio presenters could face tax investigations over their employment status after a failure by the broadcaster to clear up its payments system, Whitehall’s spending watchdog has said. The National Audit Office said HM Revenue and Customs had opened approximately 100 investigations into BBC-related personal service companies (PSCs) after concerns were raised that they may have broken tax rules.’

Full Story

BBC News, 15th November 2018

Source: www.theguardian.com

Judge appeals for funds to fight judiciary whistleblowing ruling – The Guardian

‘Claire Gilham wants judges to have legal protections for disclosures in public interest.’

Full Story

The Guardian, 12th November 2018

Source: www.theguardian.com

Merits relevant in granting interim injunction: Berry Recruitment Limited v Brooke Donovan [2018] EWHC 2280 (QB) – Blackstone Chambers

‘An interim injunction was granted to a recruitment consultant against a former employee. Since there was a possibility that the restrictive covenant in question might expire before a speedy trial could be heard, the Judge took into account the relative merits of the claim.’

Full Story

Blackstone Chambers, 1st October 2018

Source: www.employeecompetition.com

Uber appeals against drivers’ rights to pay and holiday – BBC News

‘A long-running case over the status of Uber drivers will be heard in the Court of Appeal on Tuesday and Wednesday.’

Full Story

BBC News, 30th October 2018

Source: www.bbc.co.uk

Court rules on whistleblowing protections for overseas workers – OUT-LAW.com

‘A recent judgment by the Court of Appeal provides important guidance on the territorial jurisdiction of the UK employment tribunals, particularly on the extent of statutory whistleblower protections for workers, an expert has said.’

Full Story

OUT-LAW.com, 24th October 2018

Source: www.out-law.com

Harmony at the price of principle: the impact of Mercato Sports (UK) Limited & McKay v Everton FC [2018] EWHC 1567 (Ch) (“Mercato”) – Sports Law Bulletin from Blackstone Chambers

Posted September 7th, 2018 in agency, arbitration, contract of employment, news, sport, stay of proceedings by tracey

‘In July the High Court in Mercato considered the circumstances in which parties, not including the FA, who are subject to the FA Rules, will be bound to arbitrate disputes between them under FA Rule K. The judgment follows, and attempts to reconcile, two decisions of the same Court in 2017 on the same topic: Davies v Nottingham Forest FC [2017] EWHC 2095 (“Davies”) and Bony v Kacou & Ors [2017] EWHC 2146 (Ch) (“Bony”).’

Full Story

Sports Law Bulletin from Blackstone Chambers , 6th September 2018

Source: www.sportslawbulletin.org

The Perils of Unsigned Contracts of Employment and of Rushing to Court – Littleton Chambers

Posted August 7th, 2018 in contract of employment, injunctions, news, restrictive covenants by sally

‘There are numerous important lessons to be learned from the judgment in Tenon FM Limited v Cawley which was handed down orally on Wednesday 25th July 2018 by HHJ Bidder QC sitting as a Judge of the High Court but the main ones are:

1. Do not underestimate the difficulty of persuading a Court, even at the interim stage, to enforce restrictive covenants in a contract which the employee has not signed;

2. Where an employer is seeking to enforce restrictive covenants which it has introduced after the commencement of the employment, make sure its evidence in support sets out the consideration that was provided in respect of the same; and

3. Absent any real urgency, give the employee a genuine opportunity to respond to the employer’s concerns before issuing proceedings.’

Full Story

Littleton Chambers, 26th July 2018

Source: www.littletonchambers.com

Is an ordinand in training an employee? Gabe – Law & Religion UK

Posted July 20th, 2018 in clergy, contract of employment, news by tracey

‘In Ms F Gabe v The United Reformed Church [2017] UKET 2204367/2012, the claimant was accepted to train for the ministry of the URC as a full-time student at Westminster College, Cambridge. She was given a grant and allowances amounting to some £11,000 a year; ultimately, however, she was not ordained. On successfully concluding the course at Westminster, a trainee minister receives a “leaving certificate” from the College which will generally but not inevitably lead to the Church’s Assessment Board, when it reviews matters, determining that the candidate is fit for ordination. The candidate then has up to three years to be accepted for ordination by a Pastorate and, once accepted, he or she will be ordained.’

Full Story

Law & Religion UK, 18th July 2018

Source: www.lawandreligionuk.com

Pimlico’s legacy for self-employed contractors – Law Society’s Gazette

‘The Supreme Court judgment in the Pimlico Plumbers case has been hailed as a victory for workers in the gig economy – and a blow for organisations that rely on large numbers of ‘self-employed’ contractors. In fact, the judgment largely confirms what we already knew – that employment status must be considered on the individual facts of each case and what happens on the ground is more important than the wording of the contract.’

Full Story

Law Society's Gazette, 25th June 2018

Source: www.lawgazette.co.uk

The Pimlico Plumbers Case Matters for Workers’ Rights: Here’s Why – Rights Info

Posted June 18th, 2018 in contract of employment, news, self-employment, Supreme Court by sally

‘In a landmark decision this week, the UK’s Supreme Court held that a plumber was entitled to employment rights during his time working for Pimlico Plumbers – despite the company saying he was only a freelance contractor. RightsInfo takes a look at what impact this ruling might have on others working in the so-called ‘gig-economy’?’

Full Story

Rights Info, 15th June 2018

Source: rightsinfo.org

UK Supreme Court rejects appeal from Pimlico Plumbers in landmark gig economy case – The Independent

‘The Supreme Court has ruled that a plumber classed as self-employed was in fact a worker in a landmark case for the gig economy.’

Full Story

The Independent, 13th June 2018

Source: www.independent.co.uk

Welsh council wins appeal over whether SEN allowance was payable to teachers – Local Government Lawyer

‘A Welsh council has won an appeal over whether former teachers were entitled to be paid SEN (Special Educational Needs) allowance under their contracts. The Employment Tribunal had held that the conditions for entitlement were satisfied in each case, and accordingly, that Swansea City Council’s failure to pay SEN allowance was a breach of contract.’

Full Story

Local Government Lawyer, 2nd May 2018

Source: www.localgovernmentlawyer.co.uk

Employees win Court of Appeal dispute with council over pay increases – Local Government Lawyer

‘Nottingham City Council has lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases with effect from April 2011.’

Full Story

Local Government Lawyer, 23rd April 2018

Source: www.localgovernmentlawyer.co.uk

No Springboard Injunction for Breach of Confidence – Blackstone Chambers

‘Despite some suspect behaviour by the Defendants, the High Court refused to grant a springboard injunction to the Claimant for breach of confidence because the balance of evidence did not support the conclusion that any advantage had been gained through misuse of confidential information.’

Full Story

Blackstone Chambers, 27th November 2017

Source: www.employeecompetition.com

The death of holiday pay has been greatly exaggerated, but has the King slain Bear Scotland? – Cloisters

Posted December 8th, 2017 in contract of employment, EC law, holiday pay, news, self-employment by sally

‘Caspar Glyn QC considers the decision of C‑214/16 King v The Sash Windows Workshop Limited which was handed down today.’

Full Story

Cloisters, 29th November 2017

Source: www.cloisters.com

John Bowers QC on Employment Law – Littleton Chambers

Posted November 23rd, 2017 in contract of employment, employment, news, taxis by sally

‘The following commentary is the latest in a series of Employment Law blog posts by John Bowers QC.’

Full Story

Littleton Chambers, 20th November 2017

Source: www.littletonchambers.com

Benkharbouche: EU Law reigns supreme (for now) & other important lessons – Cloisters

‘The legal press has mostly viewed Benkharbouche v SOS for Foreign and Commonwealth Affairs [2017] UKSC 62 in the Supreme Court [“SC”] as a case which simply addresses the interplay between State Immunity and the Employment Tribunals. But, the other significance to this case is that it contains commentary the on the supremacy of EU Law, the role and significance of the Charter of Fundamental Rights of the EU (“CFREU”) and the way in which it confers a free standing route to dis-applying primary legislation as well as raising questions on the impact of Brexit. It follows that it is essential reading for employment lawyers. Jacques Algazy QC analyses these issues in this blog.’

Full Story

Cloisters, 2nd November 2017

Source: www.cloisters.com

Uber and Out: Yet Another Victory for the Rights of Uber Drivers – Oxford Human Rights Hub

‘In the UK Employment Appeals Tribunal (EAT) last week, Uber lost the latest case brought against it by its drivers. Across the world, a succession of lawsuits have sought to argue, usually with success, that Uber’s drivers are able to avail themselves of at least some of the protections of employment law. This is a welcome step towards a reconceptualization of the legal approach to eligibility for employment rights.’

Full Story

Oxford Human Rights Hub, 21st November 2017

Source: ohrh.law.ox.ac.uk