‘The long running saga of whether Uber drivers are workers has been decided in the Court of Appeal and a split court has granted permission to appeal. This blog analyses the differing approaches in the Court of Appeal and the arguments that are likely to be advanced before the Supreme Court.’
Littleton Chambers, 23rd January 2019
Source: www.littletonchambers.com
‘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.”’
Oxford Human Rights Hub, 14th January 2019
Source: ohrh.law.ox.ac.uk
‘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”.’
The Guardian, 17th December 2018
Source: www.theguardian.com
‘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.’
BBC News, 15th November 2018
Source: www.theguardian.com
‘Claire Gilham wants judges to have legal protections for disclosures in public interest.’
The Guardian, 12th November 2018
Source: www.theguardian.com
‘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.’
Blackstone Chambers, 1st October 2018
Source: www.employeecompetition.com
‘A long-running case over the status of Uber drivers will be heard in the Court of Appeal on Tuesday and Wednesday.’
BBC News, 30th October 2018
Source: www.bbc.co.uk
‘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.’
OUT-LAW.com, 24th October 2018
Source: www.out-law.com
‘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”).’
Sports Law Bulletin from Blackstone Chambers , 6th September 2018
Source: www.sportslawbulletin.org
‘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.’
Littleton Chambers, 26th July 2018
Source: www.littletonchambers.com
‘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.’
Law & Religion UK, 18th July 2018
Source: www.lawandreligionuk.com
‘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.’
Law Society's Gazette, 25th June 2018
Source: www.lawgazette.co.uk
‘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’?’
Rights Info, 15th June 2018
Source: rightsinfo.org
‘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.’
The Independent, 13th June 2018
Source: www.independent.co.uk
‘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.’
Local Government Lawyer, 2nd May 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 23rd April 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
Blackstone Chambers, 27th November 2017
Source: www.employeecompetition.com
‘Caspar Glyn QC considers the decision of C‑214/16 King v The Sash Windows Workshop Limited which was handed down today.’
Cloisters, 29th November 2017
Source: www.cloisters.com
‘The following commentary is the latest in a series of Employment Law blog posts by John Bowers QC.’
Littleton Chambers, 20th November 2017
Source: www.littletonchambers.com
‘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.’
Cloisters, 2nd November 2017
Source: www.cloisters.com
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