Employment status following the Uber Supreme Court case – Mills & Reeve

Establishing an individual’s employment rights can feel like a minefield, with varying degrees of obligations on the employer depending on the employment status. Earlier this year the Supreme Court upheld earlier decisions in the Employment Tribunal, Employment Appeal Tribunal and Court of Appeal that Uber drivers are “workers” of Uber for the purposes of employment rights, and not, as Uber argued, self-employed contractors each operating their own minicab business.

Full Story

Mills & Reeve, 14th June 2021

Source: www.mills-reeve.com

Can an individual be a ‘worker’ if they are not obliged to accept any work at all? – 3PB

Posted June 14th, 2021 in chambers articles, employment, employment tribunals, holiday pay, news by sally

‘The Nursing and Midwifery Council (‘NMC’) is the regulator of Nurses and Midwives in the UK. Pursuant to the Nursing and Midwifery Order 2001, the NMC has a Fitness to Practise Committee (‘FTP’), which determines allegations of impairment of fitness to practise. The Claimant was appointed as a panel member and chair of the FTP for a four-year term on 16 April 2012. He was appointed for a further four-year term in April 2016.’

Full Story

3PB, 10th June 2021

Source: www.3pb.co.uk

Uber recognises union for first time in landmark deal – BBC News

Posted May 27th, 2021 in holiday pay, news, pensions, remuneration, taxis, trade unions by tracey

‘Ride-hailing giant Uber has agreed to recognise a trade union for the first time, in a landmark deal that should benefit gig economy workers.’

Full Story

BBC News, 26th May 2021

Source: www.bbc.co.uk

Ep 139: Courts tussle with Uber, Ola and the Gig Economy – Law Pod UK

Posted April 8th, 2021 in holiday pay, minimum wage, news, podcasts, self-employment, taxis by sally

‘Alasdair Henderson of 1 Crown Office Row joins Rosalind English to discuss the recent ruling by the UK Supreme Court that drivers whose work is arranged through Uber’s smartphone app work for Uber under workers’ contracts and so qualify for the protections afforded by employment law, such as minimum wage and paid holiday leave.’

Full Story

Law Pod UK, 7th April 2021

Source: audioboom.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

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

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