Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more
Summary - In the latest of a long line of cases relating to the calculation of holiday pay, the Court of Appeal has given a very significant decision that will impact all employers who engage independent contractors....more
The Supreme Court has unanimously concluded that the Uber drivers who brought claims against Uber in 2015 are workers within employment legislation, giving them the range of rights attached to that status, such as the...more
In a judgment dated 28 November 2018, the French Supreme Court (Cour de Cassation) ruled for the first time on the characterization of the agreement between a delivery driver and a digital platform. The French Supreme Court...more
The UK Government recently published its Good Work Plan, a package of labour market reforms proposed in response to the review conducted by Matthew Taylor into the changing British labour market and which published its...more
In another case exploring the fringes of the employment relationship in the “gig economy”, the UK Employment Appeal Tribunal (EAT) has held that three drivers for taxi company Addison Lee Ltd were “workers” for the purpose of...more
When are gig workers not independent contractors? A case decided earlier this month by Britain’s highest court may help to answer that question. The case involved a man named Gary Smith who worked as a contractor for...more
Some seven months after the publication of Matthew Taylor’s independent ‘Review of Modern Working Practices’, the UK Government has finally issued its response to the Taylor proposals: the “Good Work” response (the...more
The UK Government today announced its response to “Good Work: the Taylor Review of Modern Working Practices.” This was an independent review commissioned by the Government and published in July 2017 into the changing British...more
Uber drivers in the UK are “workers” entitled to earn at least the national minimum wage and enjoy other statutory benefits and protections an Employment Appeals Tribunal (“EAT”) held on November 9, upholding the decision of...more
The Taylor Review of Modern Working Practices was published this week and this update reports on its detailed recommendations for reform of UK employment law in terms of its application to those who are engaged other than as...more
Self-employment and the gig economy laid bare – Parliamentary Committee calls for changes to employment status - The Work and Pensions Parliamentary Committee inquiry into self-employment and the gig economy has...more
In an important decision regarding employment status in the United Kingdom (UK), the Court of Appeal, in Pimlico Plumbers Limited v. Smith, dismissed an appeal by Pimlico Plumbers concerning the employment status of a former...more
‘Gig’ economy: Latest developments - In a further challenge by a worker in the ‘gig’ economy, an Employment Tribunal has ruled that a cycle courier was a ‘worker’ and qualified for various employment protections. The...more
In the latest in a string of cases concerning the employment status of those working in the “gig economy”, the Employment Tribunal in Dewhurst v City Sprint UK Ltd ET2202512/2016 considered whether a courier was a worker or a...more
On October 28, the Central London Employment Tribunal held that Uber drivers are not self-employed. As a result, the drivers are entitled to certain “worker” benefits, including paid holidays and a minimum wage. Under the law...more