Contents tagged with Gig Economy

  • Gig Economy – Royal Mail Group Facing legal action from drivers

    Tags: Gig Economy, Royal Mail, Drivers, Supreme Court, Employment Tribunal, Employment Appeal Tribunal, Self-Employed, Worker, National Minimum Wage, DPD

    The trend towards gig economy drivers and contractors demanding employment status rights will continue throughout 2018. This should come as no surprise when you consider the recent report published by parliamentary committees which determined nearly 1.6 million people work for gig-economy giants and find relatively little protection provided under current employment law due to their status. 

    We previously reported on the Uber drivers ongoing battle in August 2016, and the EAT decision in November 2017 if you haven’t been keeping up with our gig economy posts. 

    More recently, in December 2017, couriers at Parcelforce Worldwide commenced legal action against its parent group, Royal Mail Group Ltd, over failure to pay drivers the national minimum wage and holiday pay.& … more

  • Gig Economy Cluster

    Tags: Gig Economy, Gig Economy Cluster

    The focus of recent case law has been whether individuals are self-employed or workers. Commonly, due to the flexible and ad-hoc nature of the work provided by many businesses, individuals have been wrongly categorised as self-employed.

    A growing trend is emerging whereby the Employment Tribunal (“the Tribunal”) are holding that individuals as workers rather than self-employed. See our articles here - 

    June 2018 - LEGAL UPDATE: Supreme Court Decision Announces in Pimlico Plumbers Case

    June 2018 - Employment status: are Addison Lee Couriers workers?

    April 2018 - Update on ‘Gig Economy’ Case Law and Developments

    November 2017 - Employment Appeal Tribunal (EAT) uphold Uber drivers are workers

    August 2016 - Employment status: … more

  • LEGAL UPDATE: Supreme Court Decision Announces in Pimlico Plumbers Case

    Tags: Employment Tribunal, Employment Appeals Tribunal, Gig Economy, Worker, Court of Appeal, Supreme Court, Self-Employed

    The Supreme Court has delivered its ruling on the landmark Pimlico Plumbers case, upholding previous decisions that a ‘self-employed’ plumber was in fact a ‘worker’. This entitled him to a variety of employment rights under UK law, including discrimination protection and holiday pay. The case has continued to make headline news because of its impact on organisations operating in the ‘gig economy’. 

    The case centred on the employment status of Mr Gary Smith, a plumber who worked on a self-employed basis with Pimlico Plumbers for approximately six years until 2011. Both the Employment Appeal Tribunal and the Court of Appeal supported Mr Smith’s position that he was a ‘worker’ with certain employment rights, including holiday pay. … more

  • Employment status: are Addison Lee Couriers workers?

    Tags: Employment Tribunal, Employee, Employment Appeals Tribunal, Gig Economy, Worker, Zero Hours Contract, Mutuality of Obligation

    The Employment Appeal Tribunal (‘EAT’) has rejected Addison Lee’s attempt to overturn a judgment by the Employment Tribunal (‘ET’) which found that one of their cycle-couriers was entitled to basic employment rights.

    The EAT’s decision is yet another example of the gig economy litigation in which the Tribunals have looked past the written words of the contract of employment to examine the real working arrangements between the parties.

    Background

    The claim concerned one weeks’ holiday which the Claimant took but was not paid for by the ‘employer’. The Claimant brought a claim in the ET which Addison Lee defended on the basis that the Claimant was not a ‘worker’ entitled to basic employment rights such as holiday pay, … more

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LATEST LEGAL UPDATES:

  • Understanding Your Legal Rights When an Employee Leaves

    Tags: Notice, Garden Leave, Payment, Company Property, Training Costs, Restrictive Covenants, Exit, Resignation, Employer, Employee, Employment Law, UKEmpLaw

    When an employee leaves, the focus is often on their entitlements. But what are your rights as an employer and what practical steps can you take to ensure a smooth exit? 

    Giving Notice 

    When it comes to employees giving notice, there are several key areas to note. Employers do not have to ‘accept’ a resignation – it is a unilateral act. Equally, they do not have to accept a retraction of notice, unless it was given in the heat of the moment, or the employee was unwell.

    Employees must give at least a weeks’ notice once they have been employed for more than a month. However, longer notice is usually set out in the employment contract.

    If the employee starts work for someone else in their notice period, it is possible to obtain an injunction to prevent … more

    

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