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Employment Status

The growth of the “gig economy”, the demands of the millennials for greater flexibility, the tax and national insurance benefits of self-employment and Government reviews of employment status have brought the issue of employment status to the forefront of many employers’ minds.

With extensive experience of the complex issues involved, our employment and employment tax lawyers can guide businesses through this tricky area and help workforces plan for the challenges of the 21st Century or defend themselves from challenges whether from unions, their workforce or HMRC.

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A community blog and resource site to help employers prepare for the future.

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Football referees employees not self-employed, says Court of Appeal

07 October 2021

The Court of Appeal has allowed HM Revenue & Customs’ appeal against a decision that there was insufficient mutuality of obligation and control for football referees to be treated as employees for tax purposes.

IR35 compliance checks: are your ducks in a row?

23 September 2021

Nearly six months on from the introduction of a new IR35 regime in the private sector, HMRC has started IR35 compliance checks in both the financial services and the oil and gas sectors.

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Lewis Silkin successful in Deliveroo Court of Appeal rider status challenge

24 June 2021

By a unanimous 3-0 verdict, the Court of Appeal has upheld the High Court’s dismissal of a judicial review of a finding by the Central Arbitration Committee that Deliveroo riders are not “workers”. The Court ruled that the riders are not in an “employment relationship” for the purposes of European law.

Employment

Court of Appeal rejects challenge to Deliveroo riders’ self-employed status

24 June 2021

The Court of Appeal has unanimously and emphatically rejected an appeal, based on novel human rights arguments, that Deliveroo riders were “workers” for the purposes of the UK’s trade union recognition legislation.

Checklist

Apprenticeships

26 May 2021

This Inbrief provides an overview of the law and current practice relating to apprentices. It focuses mainly on the Approved English Apprenticeship regime but touches on some of the other types of apprenticeship. We also highlight the main pitfalls to avoid when recruiting apprentices.

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No right to carry over holiday pay entitlement where leave has already been taken unpaid

23 March 2021

The Employment Appeal Tribunal has ruled that, where a worker has taken a period of unpaid holiday, they will not be entitled to a backdated payment for it (or any earlier periods) if they do not submit a claim within a three-month limitation period after the claim has arisen. The decision of the European Court of Justice in King v Sash Window Workshop did not require a different approach.

Employment

The world of employment law: Casual, on-call and freelance workers

09 March 2021

Questions of employment status continue to preoccupy courts and legislators, as new technology and new ways of working pose a challenge to traditional definitions of employee and contractor. Cases on this issue are being brought around the world, many of which revolve around taxi and delivery drivers engaged through digital platforms.

Supreme Court confirms that Uber drivers are workers

22 February 2021

The Supreme Court has unanimously decided that drivers engaged by Uber are workers rather than independent contractors. It also decided that drivers are working when they are signed into the Uber app and ready to work.

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