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Independent Contractors UK Employment Appeal Tribunal

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
BCLP

UK HR Two Minute Monthly: November 2023

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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

BCLP

UK HR Two-Minute Monthly: Covid dismissals, Early Conciliation and IR35, plus news on hybrid working, fire/rehire and the...

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Our June update looks at case law developments relating to health and safety dismissals for remaining away from/expressing concerns about Covid in the workplace, the consequences of not complying with the strict requirements...more

King & Spalding

Important Court of Appeal Decision on Historic Holiday Pay Claims

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Key Takeaways for Employers - The UK’s Court of Appeal has issued a significant holiday pay decision, Smith v Pimlico Plumbers [2022] EWCA Civ 70, ruling that workers who were misclassified as independent contractors can...more

Littler

Littler Global Guide - United Kingdom - Q4 2021

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Striking Workers Are Protected from Suffering Detriment - Precedential Decision by Judiciary or Regulatory Agency - On November 18, 2021, the Employment Appeal Tribunal (EAT) confirmed that workers who take part in...more

Morgan Lewis

UK Employment Status Development: Foster Carers Are Classed As Employees

Morgan Lewis on

After a recent decision by the UK Employment Appeal Tribunal, councils and similar institutions across the United Kingdom may want to reassess the terms of their agreements with individuals providing services, and...more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Employment Law Reform, Uber’s Appeal and Proportionate Pay

The U.K. government has published its Good Work Plan. The report’s proposals seek to implement most of the recommendations in the Taylor Review of Modern Working Practices, which we reported in 2017 and 2018. The government...more

Littler

UK Supreme Court Finds Leaks in Pimlico's Independent Contractor Model

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The United Kingdom Supreme Court recently held that an individual who worked for Pimlico Plumbers as an “independent contractor” was in fact a “worker.” Pimlico Plumbers Ltd and another v Gary Smith [2018] UKSC 29....more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: The Latest on the Gig Economy, When Are Contractual Variations Accepted, and Can Accepted Breaches Be...

U.K. Supreme Court: The Latest on Employment Status in the “Gig” Economy - In the latest high profile “gig” economy decision, the U.K. Supreme Court has held in Pimlico Plumbers Ltd & another v Smith [2018] UKSC 29 that Mr...more

Hogan Lovells

Employment news - May 2018

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No need to know that reason for unfavourable treatment arises from disability - Employees can only succeed with a claim of unfavourable treatment arising from a disability if the employer knows that they have a disability....more

Fisher Phillips

UK: Uber Loses Appeal Over Characterization Of Drivers As "Workers"

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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

Fisher Phillips

Anarchy In The UK: What Does November 10th Milestone Misclassification Ruling Mean For American Gig Economy Companies?

Fisher Phillips on

While misclassification battles over the status of gig economy workers rage here in the United States, we are by no means the only country grappling with these thorny 21st-century legal issues. On Novemeber 10th, in fact, an...more

Littler

UK: Court of Appeal Reconsiders Test to Determine "Worker" Status

Littler on

The gig economy is expanding fast. Although it brings great benefits, such as flexibility for companies and individuals, it also has generated concerns regarding workplace protections and social inequalities. In the UK, the...more

Katten Muchin Rosenman LLP

Employment Matters – UK

When Do the ‘Self-Employed’ Qualify for National Minimum Wage and Holiday Pay? This is a hot topic at the moment with three large employers under scrutiny for their pay structures: Uber, the transport company, has...more

Faegre Drinker Biddle & Reath LLP

Employee, Worker or Self-Employed?

In Suhail v Barking Havering & Redbridge NHS Trust UKEAT/0536/13/RN, the Employment Appeal Tribunal (EAT) considered whether a doctor who provided his services to a health care trust through a co-operative was an employee, a...more

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