Contents tagged with Supreme Court

  • 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

  • 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

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LATEST LEGAL UPDATES:

  • What To Do When An Employee On Maternity Leave Wants To Go Part-Time?

    Tags: Maternity Leave, Employment Law, UKEmpLaw, Flexible Working Request

    A full-time employee on maternity leave has requested to return part-time. How do you handle the situation and what are the risks if you refuse? 

    Remember that all eligible employees can make a flexible working request. The right is not limited only to parents and carers. However, requests from employees on maternity leave will need to be treated carefully because of the risk of a sex discrimination claim. 

    The statutory scheme is set out in the Flexible Working Regulations 2014 and the Employment Rights Act. It is supported by an ACAS Code and by an ACAS Guide.

    First Steps

    Check that the employee’s request contains all the information necessary to amount to a formal request and that the employee has worked for you continuously for 26 weeks at the date on which they … more

    

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