employment status – Law Journals

Legal news: Employment update

Jo Broadbent rounds up developments affecting employers and their advisers The government confirmed that it would support two private members’ bills. The first introduces a new right to neonatal care leave and pay; the other seeks to ensure that tips are distributed fairly to workers. Industrial action changes in force Two relatively small changes to …

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Employment status: Who is a worker, when and why?

Ed Livingstone and Kimberly Dennis give a summary of recent cases on worker status An ability for the individual to substitute another person to carry out their duties under the contract will be highly persuasive when arguing that they are not a worker, so long as it is a genuine right and not merely theoretical. …

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Legal news: Employment update

Lesley Finlayson rounds up the latest developments affecting employers and their advisers Employers should only discuss retirement plans with employees when they have a clear and proportionate legitimate aim such as succession planning. Enquiring about retirement plans alongside grievance management was discriminatory In Tapping v Ministry of Defence [2021], a civil servant has won an …

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Holiday pay: Plumbing the depths

Stephen Ratcliffe and Richard Cook discuss what the latest twist in the calculation of variable holiday pay means for employers and their advisers Misclassified workers who have taken their Euro leave but not been paid for it can now roll over all of this leave indefinitely. Holiday pay has generated complex case law for many …

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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers Employers should expressly ask employees to agree to an extension of time if they will not be able to complete all stages of their flexible working procedure within three months. Express agreement was needed to extend time for flexible working request Employers must complete …

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Legal news: Employment update

Peter Summerfield rounds up recent developments affecting employers and their advisers Employers should act with caution if they are contemplating dismissing an employee who has recently raised a health and safety matter. Vet’s assistant who raised Covid safety concerns was unfairly dismissed An employment tribunal has found that a veterinary assistant who raised concerns with …

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The year ahead: What’s on the employment law horizon for 2022?

Eleanor Doubleday considers what the next 12 months may have in store for employers and their advisers 2022 may be the year when the Employment Bill originally promised in 2019 will finally begin its journey through Parliament. 2020 and 2021 were not the years that we were expecting. For many, the Covid-19 pandemic brought with …

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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers Once a breach of duty occurs, an employer’s subsequent actions to make amends will not remedy the situation. Re-engagement not practicable because of employer’s genuine doubts about capability Kelly v PGA European Tour [2021] is a relatively rare example of a Court of Appeal …

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Legal news: Employment update

Emma Malczewski rounds up recent developments affecting employers and their advisers Employers need to continue to be mindful of employee relations – situations can arise where employees move away from their existing union to a newer union with different objectives. Uber makes changes after Supreme Court ruling that its drivers are ‘workers’ Following Uber’s defeat …

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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 …

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