Ageism and antisemitism in employment: Dooley – Law & Religion UK

‘A classic example of how not to treat staff (or simply how not to behave in any circumstances).’

Full Story

Law & Religion UK, 3rd August 2022

Source: lawandreligionuk.com

Court of Appeal refuses injunction to enforce 12 month non-compete covenant – Blackstone Chambers

‘In Planon v Gilligan [2022] EWCA Civ 642 the Court of Appeal refused to grant an injunction to enforce a 12-month non-compete covenant that had only four months left to run by the time of the appellate hearing.’

Full Story

Blackstone's Chambers, 20th May 2022

Source: www.employeecompetition.com

Planon v Gilligan: Court of Appeal considers interim enforcement of non-competes – Littleton Chambers

‘Lucy Bone discusses the CA’s judgment in Planon v. Gilligan, which considered the correct approach to enforceability of a non-compete covenant at an interim injunction, and how to apply the second and third limbs of American Cyanamid in such cases.’

Full Story

Littleton Chambers, 17th May 2022

Source: littletonchambers.com

SDT, BTAS and other tribunals face hefty bills after appeal court ruling – Legal Futures

Posted February 28th, 2022 in appeals, barristers, contract of employment, employment, employment tribunals, news by sally

‘The Court of Appeal has upheld a ruling that a barrister who sat as a tribunal chair for the Nursing and Midwifery Council (NMC) was a “worker” and entitled to sickness and holiday pay.’

Full Story

Legal Futures, 28th February 2022

Source: www.legalfutures.co.uk

Great Ormond Street Hospital cleaners take legal action after ‘being paid less than white colleagues’ – The Independent

‘Dozens of ethnic minority cleaners are taking legal action against a world-leading children’s hospital having accused the organisation of denying them NHS contracts that would offer a higher wage as well as benefits such as overtime, sick pay, holiday pay and access to the NHS pension scheme.’

Full Story

The Independent, 27th January 2022

Source: www.independent.co.uk

Consultant solicitor was not an employee, rules employment tribunal – Law Society’s Gazette

‘A former consultant with a Midlands firm has failed to convince a tribunal that he was an employee for the purposes of making a claim.’

Full Story

Law Society's Gazette, 18th November 2021

Source: www.lawgazette.co.uk

Amazon drivers look to sue for compensation over rights – BBC News

‘A law firm is seeking to launch a group action against Amazon over employee rights for delivery drivers.’

Full Story

BBC News, 13th October 2021

Source: www.bbc.co.uk

Students used by law firm for agency advocacy are ‘workers’ – Legal Futures

‘A Bar student who handled agency advocacy work through a law firm was a worker with certain rights and not self-employed, an employment tribunal has ruled.’

Full Story

Legal Futures, 8th October 2021

Source: www.legalfutures.co.uk

When volunteers and interns may acquire employment rights – OUT-LAW.com

Posted June 28th, 2021 in contract of employment, employment, equality, news, remuneration, volunteers by tracey

‘There is no legal definition of a “volunteer” or “intern” and no specific legislation covering employer-volunteer relationships. The extent of the rights that volunteers or interns may acquire is dependent on their legal status, meaning whether they are an “employee” or a “worker” or a genuine volunteer.’

Full Story

OUT-LAW.com, 25th June 2021

Source: www.pinsentmasons.com

Solicitor unfairly dismissed for refusing Covid variation to contract – Legal Futures

‘A solicitor fired after refusing a demand to vary her contract so her firm could furlough her or reduce her wages to help it cope with the impact of Covid has won a claim for unfair dismissal.’

Full Story

Legal Futures, 15th April 2021

Source: www.legalfutures.co.uk

R.I.P Gig Economy? – 4 King’s Bench Walk

‘On February 19th, the Supreme Court dismissed Uber’s appeal upholding the decision of the Employment Tribunal: a ruling upheld both by the EAT and the Court of Appeal. Lord Leggatt’s judgment confirmed that the claimant Uber drivers were workers for the purposes of the Working Time Regulations, national minimum wage legislation, and the Employment Rights Act 1996. In a unanimous judgment, the Supreme Court sent the case back to the Employment Tribunal to determine the claims on their merits.’

Full Story

4 King's Bench Walk, 4th March 2021

Source: www.4kbw.co.uk

Asda staff win a major victory in their equal pay claim – Mills & Reeve

Posted April 8th, 2021 in contract of employment, equal pay, news, Supreme Court, women by sally

‘In a hotly anticipated decision at the Supreme Court last week, Asda supermarket staff won a major victory in their equal pay claim against Asda. Although the ruling does not mean the approximately 35,000 claimants have won the right to equal pay, the ruling does represent a big step forward and means their claim can continue.’

Full Story

Mills & Reeve, 6th April 2021

Source: www.mills-reeve.com

After Uber: Purposive Interpretation and the Future of Contract – by Joe Atkinson and Hitesh Dhorajiwala – UK Labour Law

Posted April 1st, 2021 in contract of employment, employment, interpretation, news, Supreme Court, taxis by tracey

‘The Uber BV v Aslam [2021] UKSC 5 (“Uber (SC)”) judgment from the Supreme Court represents the final chapter in the long-running saga of determining the employment status of drivers who provided trips to passengers via the Uber app. As highlighted by Valerio De Stefano, the finding that the drivers must be classed as workers is part of a wider trend of decisions rejecting arguments that platform workers fall outside the regulatory scope of employment law. This blog considers key aspects of the Supreme Court’s reasoning, relating to the “purposive approach” and the role of contractual documentation in determining employment status, as well as some of the practical consequences of the judgment for workers.’

Full Story

UK Labour Law, 1st April 2021

Source: uklabourlawblog.com

Tribunal: Law firm’s part-time FD was worker, not self-employed – Legal Futures

‘An accountant who acted as a law firm’s part-time finance director through a company was a worker and not self-employed, even though he had another client, an employment tribunal has ruled.’

Full Story

Legal Futures, 29th March 2021

Source: www.legalfutures.co.uk

‘A lot are sceptical’: Uber drivers’ cautious welcome over worker status – The Guardian

‘On Wednesday Uber, the taxi hailing app, began offering 70,000 UK drivers a minimum hourly wage, holiday pay and pensions after years of legal battles.’

Full Story

The Guardian, 18th March 2021

Source: www.theguardian.com

Courts close in on gig economy firms globally as workers seek rights – The Guardian

‘Gig economy companies, including Uber and Deliveroo, have faced at least 40 major legal challenges around the world as delivery drivers and riders try to improve their rights.’

Full Story

The Guardian, 17th March 2021

Source: www.theguardian.com

Splitting liability between transferees: McTear & Mitie v Amey & Others – Cloisters

‘In McTear & Mitie v Amey & Others the Employment Appeal Tribunal held that the controversial decision of the CJEU in Govaerts applies in domestic law – including to Service Provision Changes (‘SPCs’) under TUPE. This means that the contract of employment of a given employee who transfers pursuant to a SPC may as a matter of law be split between multiple transferees.’

Full Story

Cloisters, 2nd March 2021

Source: www.cloisters.com

For Whom the Bell Tolls: “Contract” in the Gig Economy – Oxford Human Rights Hub

‘Are Uber drivers ‘limb (b) workers’ and so entitled to fundamental statutory rights such as the minimum wage and working time protections? In a decision of fundamental significance, six Justices of the United Kingdom Supreme Court (UKSC) upheld the original Employment Tribunal (ET) decision that the drivers were ‘limb (b) workers. In reaching this conclusion, the UKSC endorsed the ‘purposive’ approach that had been set down in the earlier case of Autoclenz v Belcher by Lord Clarke.’

Full Story

Oxford Human Rights Hub, 7th March 2021

Source: ohrh.law.ox.ac.uk

“You have reached your destination…”; Uber v. Aslam – Parklane Plowden Chambers

‘On 19 February 2021 the Supreme Court delivered its judgment in the long running dispute between Uber and its drivers.’

Full Story

Parklane Plowden Chambers, 26th February 2021

Source: www.parklaneplowden.co.uk

Late night coding: who owns the results? – Mills & Reeve

‘In a recent dispute over employees and copyright ownership – Penhallurick v MD5 Limited – ownership of copyright in software created out of hours and on a home computer was in question. Did the employee have the right to take it with him when he left or was it owned by his employer?’

Full Story

Mills & Reeve, 3rd March 2021

Source: www.mills-reeve.com