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 […]

Taylor Review / Good Work Report | Progressive policy or an exercise in rebranding?

On paper the UK labour economy is one of the best in the world. Employment rates are at an all-time high and wages for the lowest earners are growing at their fastest rate for 20 years. However, much of this ‘employment’ is in zero hours or ‘gig’ work and actual pay remains below the pre-financial […]

Egon Zehnder Ltd v Tillman – Do the Geographic & Temporal Markets influence Restrictive Covenants?

Egon Zehnder Ltd v Tillman Our next case concerns restrictive covenants. The enforceability of covenants can be a problematic area for many employers, especially those involved in sales. For the uninitiated, restrictive covenants are a contractual clause that limits a former employee’s activities post-termination in order to protect a legitimate business interest. These interests can […]

By |2019-12-24T20:19:24+00:00June 16th, 2017|Restictive Covenants|0 Comments

JD Sports – Worse conditions than Sport’s Direct

Over the past 12 months Sports Direct has deserved all the flak it received for the atrocious conditions reported in its warehouses. However, unfortunately it seems it isn’t the only sportswear brand that treats its staff terribly. In a recent newspaper report, it was found that staff at JD Sports were threatened with dismissal if they sat […]

By |2019-12-30T11:55:11+00:00December 21st, 2016|Contract of Employment, Gig economy, Unfair Dismissal|0 Comments

Lόpez v Servicio Madrileño de Salud – Is an employer offering repeated fixed term contracts instead of a permanent contract in contravention with EU Law?

Good morning and welcome back to your weekly Case Law Update. Last week we looked at vicarious liability, Christmas parties and mitigation of losses. This week we will be looking at fixed term contracts. To mix things up, today’s case is a European Court of Justice (ECJ) judgment. The ECJ decides cases bought by individuals […]

Wright v Silverline Care Caledonia Ltd – Can a Claimant who has been found to be unfairly constructively dismissed be denied compensation for declining an offer of re-employment from the Respondent?

Our next case is thankfully not as gruesome as the first and concerns constructive dismissal and mitigation of losses. Under Section 123(4) Employment Rights Act 1996, Claimants have a duty to mitigate their losses in unfair dismissal claims and a failure to do so will reduce the compensatory award. This includes looking for work, not […]

Gig economy – Uber and CitySprint

The gig economy has been an issue we have been covering for most of the year. The recent Uber decision has highlighted that the judiciary will look at each case of alleged self-employment with a degree of scepticism and the government have echoed a similar sentiment. The latest update on the gig economy is that Uber is now facing […]

By |2019-12-30T11:57:23+00:00December 2nd, 2016|Gig economy, PJH & Industry News|0 Comments

Gig economy – Deliveroo workers go on strike

Last month we examined the gig economy and briefly mentioned food delivery firm, Deliveroo, whose contracts breach s203 of the employment rights act by preventing staff from bringing Tribunal claims about their employment status. Deliveroo workers go on strike This month staff at Deliveroo have gone on strike after the company proposed to pay them £3.75 per […]

By |2024-04-11T13:51:15+00:00August 25th, 2016|Gig economy, National Minimum Wage|0 Comments

XC Trains v CD – Does a Provision Criterion or Practice [PCP] that requires all staff to be able to work 50% of rosters and work Saturdays indirectly discriminate against women?

  Hello and welcome back to another, slightly later than planned, weekly case law update. Last week’s newsletter had features on the gig society and a guide to summer HR issues. This week we will be examining sex discrimination and weekend working. Today’s question: Does a Provision Criterion or Practice [PCP] that requires all staff […]

By |2024-04-11T13:54:26+00:00August 5th, 2016|Contract of Employment, Sexual Discrimination|0 Comments

The rise of the gig economy

Those of you who are regular readers will know that Sports Direct has made headlines for its incredibly poor working conditions. Most of the staff subjected to these conditions are actually either self-employed or agency staff who have fewer employment rights and less job security than normal workers. It has been heralded as a sign the economy […]

By |2024-04-11T13:59:36+00:00July 29th, 2016|E Learning, Gig economy|0 Comments

A case of Uber importance!

Many of you may know of the taxi app, Uber and its army of self-employed drivers. The company has gone from strength to strength with its innovative way of delivering cheap and reliable taxis in a short space of time. However, one black cloud that hangs over the company is its treatment of drivers. The […]

By |2024-04-11T14:01:53+00:00July 29th, 2016|Gig economy, PJH & Industry News|0 Comments

Santos Gomes v Higher Level Care Ltd – Working Time Regulations

In PJH Law’s last case of the week before the referendum, we have a case involving law derived from an European Directive and interpretation of both the EU Directive and the UK implementation of that directive. Santos Gomes v Higher Level Care Ltd – http://www.employmentappeals.gov.uk/Public/Upload/16_0017rjfhEHRN.doc The Working Time Directive is an EU directive which sets […]