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Uber loses appeal as tribunal in the UK rules that it must treat its drivers as ‘workers’

Another important legal battle in the UK has been lost by Uber, after a London tribunal rejected its appeal against the verdict that it must treat all its drivers as ‘workers’. To do so would mean that all of Uber’s drivers in the UK would be entitled to minimum wage in addition to holiday pay, something which Uber, and the ‘gig economy’ as a whole is looking to avoid.

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Abolition of Employment Tribunal Fees

The introduction of Employment Tribunal fees in July 2013 was a highly controversial decision at the time. The Government and those in favour of the fees argued that the fees would help fund the system and would discourage vexatious and frivolous claims. Those against the fees argued that it would deter those with legitimate claims from pursuing them and so would prevent access to justice. They also argued that the fees were disproportionate.

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Gender Pay Gap Reporting

April has been a busy month in the employment world with a few material changes emerging from it, one being, employers of larger work forces (250 or more) being obliged to provide the Government with information regarding gender pay gap.

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Driver who Wins Unfair Dismissal Case Against Bus Firm, Faces Tax Bill

A Renton bus driver has won nearly £7000 in an unfair dismissal case brought against bus firm McColl’s travel, based in Dumbarton. As it has transpired, Steven Glover now faces a financial headache after the case has uncovered a tax black hole which has come around after years of incorrect salary deductions.

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Trade Union Act 2016

The much anticipated and highly controversial Trade Union Act 2016 came fully into force on 1st March 2017. Some of the provisions of the Act were already in place. During passage through Parliament, the initial Trade Union Bill was revised following intense criticism by opposing MPs, Peers and especially the Trade Union movement. The Government made a number of concessions such as abandoning its initial plan to have a ban on check-off in the public sector. The role of the Certification Officer (a type of Regulator for Trade Unions) was also revised.

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Employee, worker or self-employed? The Question is back in the courts

With the growth in the “gig economy”, more and more businesses are utilising innovative contractual arrangements to maintain their workforce. Big names like Uber and Deliveroo have been at the forefront of this development. In recent months though, persons working within the gig economy have been taking legal action with a view to enforcing employment rights for themselves and for their co-workers. Pimlico Plumbers v Smith represents the latest skirmish in this battle.

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Decrease in number of Employment Tribunals

There has been a 70% reduction in the number of employment cases which are brought to Tribunal.  This percentage is the same for multiple claims as for individual claims.  This trend is as a result of the requirement for fees to be paid in order for an individual to have their claim heard before an Employment Tribunal. 

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When is a resignation a resignation? Did Mark Warburton ‘resign’ from Rangers?

Once again, employment law is in the news  following the resignation of Mark Warburton from Rangers. There was initially some confusion regarding events, with Warburton and his team adamant they had not resigned from their position.

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Employment Status – when are you an employee or independent contractor?

Employment status is a subject that has been in the news recently following the much publicised decision in the case of Mr Yaseen Aslam and Mr James Farrar v UBER. In the UBER case, it was held that the individuals were workers and therefore were entitled to certain benefits. The Employment Judge was less than complimentary about the practices of UBER. That being said, UBER have announced that the decision is subject of appeal with a hearing likely to be fixed in the next few months.

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Employment Status – what the law says

Legal definition

Whether or not an individual is an “employee” is generally determined by reference to the contract under which he or she works.  The Employment Rights Act 1996 Section 230(1) defines an employee as:-

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Unfair Dismissal: 4 Factors that Make or Break a Claim of Unfair Dismissal

Employers use disciplinary procedures to inform employees that their performance isn’t to the standard expected and to monitor and encourage improvement. However, when not used or conducted appropriately, if dismissed an employee may have an arguable claim for unfair dismissal (if they have two years continued service), regardless of how blatant their misconduct.

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UBER Driver Case – UBER decide to appeal

Following on from the previous blog UBER Driver Case – Tribunal finds that they are “workers” on 28th October, UBER have announced that they will appeal against the decision of the Employment Tribunal to the Employment Appeal Tribunal. The Employment Tribunal found in favour of the Claimants that they were workers and so entitled to certain employment rights in contrast to UBER’s position that the drivers were self-employed.

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The season of goodwill… (Well usually) Vicarious Liability of employers and Christmas parties

As we approach Christmas, the talk of many offices will be the upcoming Christmas party. Doing your best to ensure that no colleagues turns up with the same outfit are just one of the many factors that employees need to think about and carefully plan. More often than not, employers will simply be happy (and perhaps more likely relieved) if the party passes off with nothing more than a few sore heads the next day and a fairly modest bar bill. While colleagues will tend to work side by side without incident every other day of the year, add in a little (or a lot) of alcohol and the Christmas night out can be a disaster waiting to happen.

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Negotiating Settlement Agreements - Tips for Employees

If there’s an issue at work that needs resolved, an employer may offer the employee a settlement agreement. These are legally binding agreements aimed at resolving a dispute or smoothly ending the employment relationship. Crucially, they are negotiated confidentially and result in the employee giving up their right to take a claim to the employment tribunal in return for financial compensation. When a settlement agreement is put on the table, it’s therefore important for employees to be informed so they can proceed in a way that’s in their best interests and means they get a good deal. Below our specialist employment law solicitors provide a brief overview of settlement agreements and some tips for employees thinking about entering into a settlement agreement.

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UBER Driver Case – Tribunal finds that they are “workers”

The Employment Tribunal has issued its Judgment in the much awaited case involving the companies behind the Uber app and two drivers. Uber was developed and released in 2010 as a mobile phone app which has over 40,000 taxi drivers signed up, with 30,000 of these being in London alone. The app allows passengers to easily locate and book available taxi drivers without the need to go to a registered rank or calling a dispatch office. Payment is made by credit or debit card based on the distance and time travelling. It is seen as the stress free way of booking a taxi.

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Supermarket Equal Pay Claims

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On Friday 14th October 2016, the Employment Tribunal in Manchester handed down its Judgment following the Preliminary Hearing of 7,000 Asda workers who have been fighting an equal pay claim against the supermarket. The claims were originally brought in 2008 and the recent Judgment is a significant victory for the workers.

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