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.
No right to carry over holiday pay entitlement where leave has already been taken unpaid23 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.
The world of employment law: Casual, on-call and freelance workers09 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 workers22 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.
Supply of labour regulations - will your business be caught07 October 2020
This article considers the implications of a recent High Court judgment taking a broad approach to the concept of “employment” in the legislation regulating businesses which supply labour.
Agency workers and how to engage them07 October 2020
This article looks at the increasing popularity of agency workers in light of coronavirus and the main points that businesses should consider when seeking to engage them.
Engaging contractors through an agency – what are the legal issues when the contractor uses a limited company?01 September 2020
This article looks at the key points businesses should consider when seeking to engage contractors through an agency, with a focus on contractors who use their own limited company or personal services company.
Employment status - ECJ clarifies who counts as a worker under EU law in gig economy ruling30 April 2020
The European Court of Justice has ruled that it’s up to national courts to make decisions about employment status, but that a courier working for Yodel in the UK appeared to them to have been correctly classified as self-employed, given the latitude he had over accepting jobs, working for competitors, providing substitutes and deciding his work schedule. The crucial factors were independence and subordination.
Written statement of employment particulars – new rules from April 202029 January 2020
Employers need to be providing new-form written statements of employment particulars (sometimes called section 1 statements) from April this year. This article summarises what is changing and what employers should do to prepare.