‘The charity Pregnant Then Screwed has lost its legal challenge against the government for indirect sexual discrimination over the amount of support self-employed mothers received.’
BBC News, 17th February 2021
Source: www.bbc.co.uk
‘Precarious workers have been wrongly denied health and safety protections amid the pandemic, a court has found.’
Each Other, 17th November 2020
Source: eachother.org.uk
‘Across the world, Gig employers are now facing a legal reckoning in the highest courts. On 21st July, the issue of whether Uber drivers are “workers” will be considered by a seven-member panel of the UK Supreme Court. This follows on from Mr Heller’s momentous victory in a recent decision of the Supreme Court of Canada (SCC) in Uber Technologies Inc. v. Heller which involved a legal challenge to a mandatory arbitration clause in a contract between Uber and an UberEATS driver. The arbitration clause required disputes to be referred to arbitration in Amsterdam, which would be subject to the law of the Netherlands. The clause also required the payment of US $14,500 as an upfront administrative cost. The appellant earned $20,800–$31,200 per year before taxes and expenses were deducted. Nor did the fee include other costs likely to be incurred in an arbitration, such as travel to Amsterdam, accommodation, and legal representation. Students of transnational labour law of a certain generation cut their teeth on great debates about “offshoring” and the disintegrative risks to labour standards posed by capital mobility. The Heller case is an important reminder that we are now in an era of juridical mobility: employing entities seek to escape national labour law systems without the cost and inconvenience of spatial mobility.’
Oxford Human Rights Hub, 19th July 2020
Source: ohrh.law.ox.ac.uk
‘A five-year battle over the status and rights of Uber drivers reaches the supreme court in a case that lawyers believe has the potential to transform the gig economy in Britain.’
The Guardian, 21st July 2020
Source: www.theguardian.com
‘Minicab drivers will launch a legal bid to uncover secret computer algorithms used by Uber to manage their work in a test case that could increase transparency for millions of gig economy workers across Europe.’
The Guardian, 20th July 2020
Source: www.theguardian.com
‘The Law Society and Bar Council have urged the government to act on a report from MPs that that would help lawyers who have fallen through the gaps of the coronavirus support schemes.’
Legal Futures, 16th June 2020
Source: www.legalfutures.co.uk
‘With the scheme going live on 13 May 2020, Giles Powell and Conor Kennedy consider the SEISS and its effects.’
Old Square Chambers, 12th May 2020
Source: www.oldsquare.co.uk
‘Mr Fowler is a qualified diver who is resident in the Republic of South Africa. During the 2011/12 and 2012/13 tax years he undertook diving engagements in the waters of the UK’s continental shelf. HMRC stated that he is liable to pay UK income tax for this period. Whether he is liable depends on the application of a Double Taxation Treaty between the UK and South Africa. Article 7 of the Treaty provides that self-employed persons are taxed only where they are resident (i.e. South Africa), whereas article 14 provides that employees may be taxed where they work (i.e. the UK). For the purposes of this appeal, the parties have assumed that Mr Fowler was an employee. Mr Fowler claims he is nevertheless not liable to pay tax in the UK. His case centres on a “deeming provision” in section 15 of the UK’s Income Tax (Trading and Other Income) Act 2005 (“ITTOIA”). This provides that an employed seabed diver is “treated” as self-employed for the purposes of UK income tax.’
UKSC Blog, 26th May 2020
Source: ukscblog.com
‘With the scheme going live on 13 May 2020, Giles Powell and Conor Kennedy consider the SEISS and its effects.’
Old Square Chambers, 12th May 2020
Source: www.oldsquare.co.uk
‘On 26 March 2020 the Chancellor of the Exchequer announced a package of support for Britain’s self-employed workers to help them through the COVID-19 crisis. It became immediately clear that higher earners making profits above £50,000 would lose out. The Chancellor, however, highlighted that it would benefit 95% of people who receive the majority of their income from self-employment and that it was “reasonable, proportionate and fair” to exclude those higher earners. The Treasury estimated that this approximately 3.8 million people would benefit.’
Thomas More Chambers, 29th April 2020
Source: www.thomasmore.co.uk
‘Claims concerning credit hire charges appear before the courts on a daily basis. It is vital for litigators in this field to be familiar with the decision of the High Court of Justice in late 2019, in Humayum Hussain v EUI Limited [2019] EWHC 2647 (QB); [2019] 10 WLUK 152, (‘Hussain’). The principles detailed in the judgment are applicable to self-employed drivers, including but not limited to, chauffeurs, delivery drivers and hauliers.’
KCH Garden Sq, 7th February 2020
Source: kchgardensquare.co.uk
‘Craig Ludlow edits 3PB’s latest Employment & Discrimination newsletter, including contributions from Andrew MacPhail and Daniel Brown.’
3PB, 6th January 2020
Source: www.3pb.co.uk
‘The court outlined the principles applying to self-employed drivers whom hire replacement vehicles whilst their own is off the road as a result of a road traffic accident. The true measure of loss is the loss of profit suffered whilst their own, damaged vehicle is reasonably off the road. Hire costs of replacement vehicles are prima facie recoverable, but where the cost of hire significantly exceeds the loss of profit, the court will ordinarily limit damages to the lost profit unless the claimant can establish that they had acted reasonably.’
Park Square Barristers, 24th October 2019
Source: www.parksquarebarristers.co.uk
‘Three BBC news presenters have been told to pay hundreds of thousands of pounds in back taxes, despite the High Court finding that the corporation forced them into the wrong contracts.’
Daily Telegraph, 18th September 2019
Source: www.telegraph.co.uk
‘The new breed of freelance solicitor – or what will officially be called an ‘independent solicitor’ – could join forces with others in a chambers-style arrangement, the Solicitors Regulation Authority (SRA) has suggested.’
Legal Futures, 5th July 2019
Source: www.legalfutures.co.uk
‘A solicitor introduced to an elevated role in her former firm through a historic partnership agreement can make an employment claim as an employee, a tribunal has ruled.’
Law Society's Gazette, 27th June 2019
Source: www.lawgazette.co.uk
‘Lorraine Kelly has won a row over a £1.2m tax bill, after a judge ruled she was not employed by ITV, but performs as her “chatty” TV persona.’
BBC News, 21st March 2019
Source: www.bbc.co.uk
‘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
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