Contents tagged with Gig Economy
Olympic Cyclist Jess Varnish Claims Sex Discrimination Against UK Sport and British Cycling
Jess Varnish is suing UK Sport and British Cycling for unfair dismissal and sex discrimination in a case which could transform the entire funding landscape of Olympic and Paralympic sport.
Varnish, who cycled alongside Victoria Pendleton at London 2012, was dropped from the British Cycling programme before the Rio Olympics in 2016.
She alleged bullying and discrimination, specifically that then technical director Shane Sutton said her bottom was "too big" to ride certain roles on the team and that she should go off and "have a baby".
Varnish will challenge the employment status of athletes who are supported by grants from UK Sport, the national funding body.
The 29-year-old will argue … more
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
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
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
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.
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