Be Aware UK

News and views from DLA Piper's Employment team

worker status

Employment Status: Government consultation response published

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The Government has today published a response to its 2018 consultation on employment status.  The consultation sought views on how to make employment status rules for employment rights and tax clearer for individuals and businesses.   Today’s response recognises that the boundaries between different employment statuses can be unclear, but concludes that the benefits of creating …

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No limit to carry over for unpaid as well as untaken holiday for workers denied right to paid holiday: Smith v Pimlico Plumbers (2)

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The Court of Appeal has handed down its second judgment in Mr Smith’s long-running litigation against Pimlico Plumbers, in a decision which has significant implications for holiday pay. This decision considerably raises the stakes for businesses facing worker status disputes. Mr Smith worked as a plumber for Pimlico Plumbers (Pimlico) for nearly 6 years. During …

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ECJ ruling on determining worker status: B v Yodel Delivery Network Limited

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The ECJ has given a preliminary ruling on a reference from the Watford Employment Tribunal in the case of B v Yodel Delivery Network Ltd regarding determining worker status. The ECJ ruled that the definition of worker status applied by the UK courts is not incompatible with EU law (specifically the Working Time Directive). The …

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Tribunal finds workers, not just employees, are covered by TUPE

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London Central employment tribunal has handed down a judgment in a TUPE case which, whilst not binding, is potentially hugely significant for employers. In Dewhurst and ors v (1) Revisecatch Limited t/a Ecourier (2) City Sprint (UK) Limited the tribunal was asked to determine the novel point whether the Transfer of Undertakings (Protection of Employment) …

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Supreme Court holds that district judge is not a worker for the purposes of whistle-blowing protection but is entitled to bring a claim

/ / Employment

The Supreme Court has decided unanimously in Gilham v Ministry of Justice that a district judge is not a worker for the purpose of the protection given to whistle-blowers under the Employment Rights Act 1996 (ERA), but that she could nevertheless bring a whistle-blowing claim. Under s.230(3) of the ERA, a worker is defined as …

Supreme Court holds that district judge is not a worker for the purposes of whistle-blowing protection but is entitled to bring a claim Read More »

European Parliament approves law on more transparent and predictable employment for gig and other workers

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European Parliament approves law on more transparent and predictable employment for gig and other workers On 16 April the European Parliament voted to approve the Transparent and Predictable Working Conditions Directive, which is aimed at strengthening the rights of workers and improving working conditions by promoting more transparent and predictable employment whilst ensuring labour market …

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HMRC ‘s proposals to reform off-payroll working in the private sector will have significant impact for businesses

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Private sector organisations who engage the service of individuals off-payroll are likely to already be aware of the private sector off-payroll working rules, commonly known as the IR35 regime. The IR35 regime applies where an individual provides their services (directly or indirectly) through a personal service company (a “PSC”) to another person or entity (an …

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Worker status: Government publishes its ‘Good Work Plan’ in response to Taylor review consultations

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The Government’s review of modern working practices has been a rather protracted affair but today there has been a significant development with the publication of the Government’s Good Work Plan, which sets out its vision for the future of the UK labour market.  However, as before, when making its initial response to the Taylor Review, …

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