Archbishop of Canterbury – Gig Economy & Schadenfreude

The end of September brings two things: The awakening of the singer from Green Day; and our monthly employment law update. Last month’s update had features on the Boris Johnson burqa scandal, outsourcing and an employee sacked for having a man bun. Meanwhile, last week’s case law update had cases on constructive dismissal and unfair […]

By |2019-12-30T11:34:57+00:00September 28th, 2018|Gig economy, PJH & Industry News, Zero Hours|0 Comments

Outsourcing Reporting and the Doctrine of the ‘Joint Employer’

This month’s newsletter introduces the idea of the ‘joint employer’ following a landmark outsourcing case. This could be seen as another employment status headache for employers who adopt such practices. This case was heard before the Central Arbitration Committee, who hear most union recognition disputes. Outsourcing is the practice of having certain jobs being done […]

Working Time – Can Employees Switch Off?

As work phones and the integration of technology into work life becomes ever more necessary, the effect on employees has become an issue. Smartphones are causing more and more conflicts between employees and employers due to employees being encouraged to exceed the number of hours that they have been contracted to work. This has led […]

By |2019-12-24T14:42:44+00:00August 31st, 2018|Contract of Employment|0 Comments

Matei v Brooknight Guarding Limited

Hello and welcome back to another case law update. Last week we looked at the principle of iniquity and discrimination. This week we are looking at a specific group of workers: agency workers. Agency workers are workers who have a contract with an agency but work temporarily for end user businesses. When an agency worker is on assignment they […]

By |2019-12-30T11:40:11+00:00August 24th, 2018|External Contractors|0 Comments

Zero Hours Contracts – Right to Average Pay Whilst Suspended

Hello and welcome back to your monthly employment law update. Last month’s update had features on the World Cup, dress code & religious discrimination guidance and prisoners plugging the post-Brexit labour shortage. Meanwhile, last week’s case law update had two cases on trade union issues. We have a comprehensive update this month with some rather […]

IWGB v Deliveroo

Late last year, we covered the Central Arbitration Committee (CAC) case of IWGB v Roo Foods Limited t/a Deliveroo. Whilst we don’t usually cover cases from the CAC this case was relevant to the gig economy because it held Deliveroo couriers were not eligible for union recognition because of a clause in their contract that […]

Scicluna v Zippy Stitch Ltd & Ors

Good morning and welcome back to your weekly case law update. Last week we looked at unfair and wrongful dismissal, this week we have two cases. One will be looking at unlawful deductions from wages and the other is the Supreme Court ruling in the gig economy/employment status case of Pimlico Plumbers. Section 13 of […]

By |2019-12-30T11:47:21+00:00June 14th, 2018|Breach of Contract, Contract of Employment, Pay|0 Comments

Ministry of Justice v Blackford

This week’s case concerns less favourable treatment of part time workers. Regulation 5 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 states a part-time worker has the right not to be treated less favourably than a full-time comparator by their employer. Therefore, the question this week is: Does not extending a compulsory/statutory […]

By |2019-12-30T11:48:18+00:00March 15th, 2018|Part-time Regs.|0 Comments

Gig Economy Update – Lack of Progress Brought into Focus by Tragedy

The gig economy is an issue that urgently needed addressing this year. The Taylor Report, whilst lacking teeth, did outline some suggestions to improve conditions for the 1.1 million people currently doing gig work. The Government however, has not implemented the report well and the proposals do not really address any of the issues with […]

By |2019-12-30T11:48:58+00:00February 23rd, 2018|Contract of Employment, Gig economy|0 Comments

Crawford v Network Rail Infrastructure Ltd

  Sticking with the theme of transport based Respondents, our next case has shifted from airlines to train lines and concerns rest breaks and working time. The question in this case is: Does not having a continuous 20-minute rest break constitute a breach of the working time regulations? For most jobs, rest breaks are covered […]

What Happened Over Christmas Part 2: Uber, yes more Uber, a service not an agent

2017 was the year of the rise and public awakening to the gig economy. Part of this is down to the sheer mass of cases gig economy companies have been involved with, especially Uber! The latest case, which had judgment passed down 5 days before Christmas, is from the European Court of Justice. The case before the […]

By |2019-12-30T11:52:45+00:00January 5th, 2018|Gig economy, PJH & Industry News|0 Comments

Tillman v Egon Zehnder Limited – Broad wording voids non-compete clause

Good morning and welcome back to your weekly dose of case law. Last week we had two cases for you, one about employment status and another on tribunal fees. This week, we have three cases for you. Yes three! (groan/cheer – delete as appropriate) Our first case is a Court of Appeal case that concerns […]

By |2019-12-24T19:52:12+00:00September 22nd, 2017|Case of the Week - Blog, Restictive Covenants|0 Comments

Can multi-dimensional treatment foster carers be employees of the local authority whom they foster for?

Welcome back to your weekly case law update. Last week we looked at two cases, one of them concerning equal pay, the other a right to privacy. The latter of those cases was an ECHR case that could have significant impact on email and social media monitoring both during recruitment and the course of employment. This week […]