Regulation is not an À la Carte menu: insights from the Uber judgment – by Valerio De Stefano – UK Labour Law

‘If we had to pick one among the many enlightening statements from the UK Supreme Court’s judgment in Uber, it would be this. It perfectly captures both the gist of the case at hand and the substance of the whole global debate on platform work. From the outset, the narrative driven by platforms was based on the notion that they were something entirely new in our societies. They were introducing entirely novel work models, made possible by technology, which could not be subject to the same regulation that traditional businesses had to observe. Their business model was not compatible with existing labour protection systems, and they would be instead the best positioned to determine which kind of protection they could grant to workers (only – they would not call them “workers”, but “drivers”, “partners”, “taskers”, “riders”, etc.).’

Full Story

UK Labour Law, 2nd March 2021

Source: uklabourlawblog.com

Chelsea Brooke-Ward discusses: Uber BV and others v Aslam and Others – Park Square Barristers

Posted February 25th, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by sally

‘In a landmark decision the Supreme Court has ruled that The Central London Employment Tribunal, and the Court of Appeal were correct to find that the Claimant Uber drivers were “workers”, rather than independent contractors. ‘Whether a contract is a ‘worker’s contract’ is a matter of statutory interpretation, not contractual interpretation. That involves taking a purposive approach which, in the employment context, is to protect those who are vulnerable as a result of their subordination to, and dependence upon, another person in relation to their work. In the case of Uber, the employment tribunal’s findings on the relative degree of control exercised by Uber and drivers respectively over the service provided to passengers justified its conclusion that the drivers were workers,’ according to the Supreme Court.’

Full Story

Park Square Barristers, 24th February 2021

Source: www.parksquarebarristers.co.uk

Uber BV v Aslam and Others – Old Square Chambers

Posted February 25th, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by sally

‘In a landmark judgment which will have wide-ranging implications for workers and employers in the gig economy, the Supreme Court has upheld an employment tribunal’s decision that Uber drivers were workers and therefore entitled to the minimum wage, statutory annual leave and protection from detriment under the Employment Rights Act 1996.’

Full Story

Old Square Chambers, 19th February 2021

Source: oldsquare.co.uk

Uber accused of trying to deter drivers from seeking compensation – The Guardian

Posted February 23rd, 2021 in compensation, holiday pay, minimum wage, news, self-employment, Supreme Court, taxis by tracey

‘Uber has been accused of trying to deter drivers from seeking compensation for missed holiday and minimum wage payments after a landmark court ruling.’

Full Story

The Guardian, 22nd February 2021

Source: www.theguardian.com

Uber drivers “set for £12k awards” after Supreme Court ruling – Litigation Futures

‘Tens of thousands of Uber drivers could be entitled to £12,000 in compensation, lawyers said today after the Supreme Court ruled they should be classed as workers.’

Full Story

Litigation futures, 19th February 2021

Source: www.litigationfutures.com

Barrister tribunal chair was ‘worker’, judge rules – Legal Futures

Posted July 29th, 2020 in barristers, employment, employment tribunals, holiday pay, news by tracey

‘A barrister who sits as a tribunal chair for the Nursing and Midwifery Council (NMC) is a “worker” and entitled to holiday pay, an employment tribunal has ruled, opening the door to thousands of other claims.’

Full Story

Legal Futures, 29th July 2020

Source: www.legalfutures.co.uk

The Coronavirus Job Retention Scheme: more holiday cancellations? – Littleton Chambers

Posted June 12th, 2020 in chambers articles, coronavirus, employment, holiday pay, holidays, news by sally

‘David Reade QC and Daniel Northall provide their fourth update on the Coronavirus Job Retention Scheme and examine the relationship between furlough and annual leave.’

Full Story

Littleton Chambers, 5th June 2020

Source: littletonchambers.com

COVID-19 and employment law in the UK – OUP Blog

‘The last couple of weeks have seen a raft of new legislation in the United Kingdom, hurriedly passed to deal urgently with the coronavirus situation. It has clearly been drafted quickly, with guidance that goes well beyond the legislation, and so this has led to some confusion as to what exactly the law now says.’

Full Story

OUP Blog, 21st April 2020

Source: blog.oup.com

Coronavirus job retention scheme: what employers should do – OUT-LAW.com

Posted April 20th, 2020 in contract of employment, coronavirus, employment, holiday pay, news, remuneration by tracey

‘The UK Treasury has now published the formal rules of the Coronavirus Job Retention Scheme in the form of a Treasury direction, as well as announcing that the scheme will run until at least 30 June 2020.’

Full Story

OUT-LAW.com, 17th April 2020

Source: www.pinsentmasons.com

The Interplay of the Coronavirus Job Retention Scheme & Holiday by Adam Willoughby – Broadway House Chambers

‘With the prospect of several bank holidays on the horizon with little indication as to how long circumstances may require continued periods of furlough under the Coronavirus Job Retention Scheme (‘the Scheme’), many employers will be worried as to how they deal with the interaction between furlough and annual leave. Specifically, whether they can require annual leave to be taken during furlough and how they deal with bank holidays where they are included within employee’s annual leave entitlement under their contracts of employment.’

Full Story

Broadway House Chambers, 9th April 2020

Source: broadwayhouse.co.uk

COVID-19 Holiday Leave Entitlement Statutory Changes – Thomas More Chambers

Posted April 17th, 2020 in chambers articles, coronavirus, employment, holiday pay, news by sally

‘The Working Time Regulations (“WTR”) are being amended to allow workers with outstanding holiday leave entitlement in the current holiday year to be able to carry that over for two years.’

Full Story

Thomas More Chambers, 16th April 2020

Source: www.thomasmore.co.uk

Illegal work practices ‘far too common’ says think tank study – BBC News

Posted September 16th, 2019 in employment, employment tribunals, holiday pay, news, remuneration, reports, young persons by tracey

‘About one in 20 workers does not get paid holidays, while one in 10 does not get a payslip, according to a report by the Resolution Foundation think tank.’

Full Story

BBC News, 16th September 2019

Source: www.bbc.co.uk

Bedford school ‘wrongly calculated’ teacher’s holiday pay – BBC News

Posted August 7th, 2019 in appeals, employment, holiday pay, news, part-time work, teachers by tracey

‘A Court of Appeal ruling that a music teacher’s holiday pay was wrongly calculated has been hailed as a victory for part-time workers.’

Full Story

BBC News, 6th August 2019

Source: www.bbc.co.uk

Illegal workers retain employee rights, court confirms – OUT-LAW.com

‘Organisations can be held liable for breaching employment contracts even if their employees have been working in the country illegally, according to the Court of Appeal in London.’

Full Story

OUT-LAW.com, 2nd August 2019

Source: www.pinsentmasons.com

New laws on payslip information come into force this week – The Guardian

Posted April 8th, 2019 in agency, documents, employment, equality, holiday pay, holidays, news, remuneration by sally

‘New laws on payslips come into force from this week, requiring employers to set out variable rates of pay and hours worked so that workers can more easily check that they are receiving the minimum wage.’

Full Story

The Guardian, 8th April 2019

Source: www.theguardian.com

Uber loses latest legal bid over driver rights – BBC News

Posted December 20th, 2018 in holiday pay, minimum wage, news, self-employment, taxis by tracey

‘Uber has lost an appeal against a ruling that its drivers should be treated as workers rather than self-employed.’

Full Story

BBC News, 19th December 2018

Source: www.bbc.co.uk

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

Uber drivers ‘£18,000 poorer’ as firm appeals two-year-old tribunal order – The Guardian

Posted October 29th, 2018 in holiday pay, minimum wage, news, taxis by sally

‘Uber drivers are estimated to be more than £18,000 out of pocket because the ride hailing company refuses to recognise a two-year-old ruling entitling them to holiday pay, a minimum wage and rest breaks.’

Full Story

The Guardian, 28th October 2018

Source: www.theguardian.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

Amazon delivery firms face legal action over workers’ rights – The Guardian

Posted June 4th, 2018 in holiday pay, minimum wage, news, self-employment, sick leave by sally

‘Drivers delivering goods for Amazon are to fight for better employment rights, including sick pay, holiday pay and the national minimum wage.’

Full Story

The Guardian, 4th June 2018

Source: www.theguardian.com