Employment Law Updates
SELF EMPLOYED, OR A WORKER?
THE LATEST CASE UNDERLINES THAT THOSE WE THINK OF AS SELF EMPLOYED, ARE OFTEN NOT SELF EMPLOYED AT ALL. The vexed matter of whether someone is really self employed has been the subject of an Appeal judgment again, and underlines that many of those used in business as self employed...
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Employment Law Updates
Transfer of Undertakings (TUPE) and Workers
An important development is taking place in the application of TUPE. When a contract transfers, TUPE means that employees assigned to that contract will transfer as well. So the successful bidder in a tender, or purchaser of a business, gets the employees associated with it, and the liabilities that come...
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Employment Law Updates
Security Guards Ruled To Be Agency Workers
An employer, in this case a company supplying security guards, has found retrospectively that a zero hours worker was entitled to parity in terms and conditions with those staff employed directly by the end user.   In this case, a security company provided a guard to an end user, on...
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Employment Law Updates
“I thought they were self-employed, so I didn’t pay them holiday!”
The now famous case of the Pimlico Plumbers, which we have reported on twice already when in the lower courts, has now been heard in the Supreme Court and there are no surprises in the judgement. This was a case of a plumbing company who used what it thought were self-employed...
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Employment Law Updates
Worker or Self Employed?
The Employment Appeal Tribunal has ruled against an employer in the continuing battle over Employment Rights in the gig economy, taking DBS checks and the obligation to accept jobs when logged on, as clear indicators.  A recent ruling in the EAT upheld the Employment Tribunal’s decision that an Addison Lee...
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Employment Law Updates
Holiday Pay and Worker Status
The European Court of Justice handed down a judgment on 30th November that might have wide ranging implications for employers and must be understood, if only to assess the risk posed to any business. The case is called King v Sash Windows (2017) and the full judgment can be read here....
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Employment Law Updates
An Example of a Practical Approach to Holiday Pay
When the self-employed are found to be workers And so are entitled to holiday pay An employer whose business model uses “gig staff” (presumed to be self-employed often) has told a committee of MP’s that if a worker takes them to Tribunal and wins, gaining rights to paid holiday and...
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Employment Law Updates
Worker Or Self Employed?
The Court of Appeal has handed down a judgment on whether or not a sub-contractor was in fact a worker, or properly self-employed. It is very important to note that this question is dealt with from an employment rights point of view, not a tax point of view.  The reason...
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