Autoclenz Ltd v Belcher & ors [2011] UKSC 41 – Law Journals

Legal news: Employment update

Jackie Thomas rounds up the latest developments affecting employers and their advisers The Autoclenz approach only applied in situations where individuals were being deprived of statutory rights and where the bargaining power between the parties was uneven. EAT gives harsh lesson on following the tribunal rules An unrepresented claimant was not entitled to bring her …

Continue reading "Legal news: Employment update"

This post is only available to members.

Demystifying employment contracts: Understand the essentials

In the first part of a new series, Nick Hawkins explains the key legal principles that govern contracts of employment A term might be implied if it is the usual custom and practice to include such a term in contracts of that particular kind. This might be the case if a term is regularly adopted …

Continue reading "Demystifying employment contracts: Understand the essentials"

This post is only available to members.

Employment status: Supreme Court reframes the approach for determining worker status in Uber case

Alan Lewis highlights the key points to come out of the Supreme Court’s long-awaited decision in Uber In the Supreme Court’s view, it would be inconsistent with the purpose of the legislation to treat the terms of a written contract as the starting point to decide whether an individual falls within the definition of a …

Continue reading "Employment status: Supreme Court reframes the approach for determining worker status in Uber case"

This post is only available to members.

Employment status: IR35 – the elephant in the room

Will Clayton analyses April’s changes to the off-payroll working rules, which have been described as the biggest shake-up of contracting in 20 years End-user clients or other ‘fee-payers’ of individual contractors will have to do something they have not legally been required to do before: undertake detailed assessments to determine whether each contractor is caught …

Continue reading "Employment status: IR35 – the elephant in the room"

This post is only available to members.

Employment status: IR35 – tax tribunal broadcasts welcome message for TV presenters

Ahead of the reform of IR35, two recent decisions have highlighted problems with HMRC’s online tool for determining whether someone should be taxed as a worker or employee. Louise Mason reports ‘The determining factor in both cases was the manner in which the individuals had conducted their career generally, an issue not currently addressed by …

Continue reading "Employment status: IR35 – tax tribunal broadcasts welcome message for TV presenters"

This post is only available to members.

Vicarious liability: Moving with the times

Andrew Sugarman and Megan Crowther consider the extent of employers’ liability for personal injury in this rapidly changing area ‘Employers need to realise that their responsibilities are probably wider than was previously thought, with vicarious liability for the wrongs of others stretching beyond the classic master/servant relationship and stretching into conduct that might not previously …

Continue reading "Vicarious liability: Moving with the times"

This post is only available to members.

Employment status: Identity crisis

Hannah Disselbeck and Richard Kenyon consider whether the government can restore faith in the test for who is an employee, worker or self-employed ‘The Good Work Plan has received a lukewarm reception. Prospect dubbed it the “not good enough work plan”, and commentators have observed that it offers little in the way of detailed proposals …

Continue reading "Employment status: Identity crisis"

This post is only available to members.

Employment status: Trouble in the pipeline for employers post Pimlico Plumbers

Sean Nesbitt and Rachel Farr consider the lessons for businesses from the Supreme Court’s ruling in Pimlico Plumbers ‘Nothing short of an unrestricted right to substitution will defeat worker status.’ In the latest, and most authoritative, case on employment status, the Supreme Court has held that a supposedly self-employed plumber was in fact a worker. …

Continue reading "Employment status: Trouble in the pipeline for employers post Pimlico Plumbers"

This post is only available to members.

Employment Status: The gig economy – a cross-border comparison

Stefan Martin and Helena Davies look at some of the different ways EU member states and the US are responding to the rise of non-standard working arrangements and how these contrast with the UK’s approach ‘It is now a real possibility that we will see legislative changes to make the distinction between workers, employees and …

Continue reading "Employment Status: The gig economy – a cross-border comparison"

This post is only available to members.

Employment Status: Reality check for Uber as its drivers are found to be workers

Anthony Sakrouge looks at the key lessons from Uber’s failure to convince the employment tribunal that its drivers are self-employed ‘Advisers should look critically at their organisation’s documentation, where it seems likely at the outset that the exact nature of the contractual relationship may one day be challenged, and see what function each document serves …

Continue reading "Employment Status: Reality check for Uber as its drivers are found to be workers"

This post is only available to members.