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Are Uber drivers 'workers'?

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Are Uber drivers properly regarded as 'workers' or self-employed contractors? They are workers, held the majority of the Court of Appeal in  Uber BV v Aslam & ors  (upholding the decision of the  Employment Appeal Tribunal ). The...

Good Work Plan - Update

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[Thank you to  Darren Newman  for spotting this] Following yesterday's announcement of the  Good Work Plan , the government has laid the first statutory instruments. The Employment Rights (Employment Particulars and Paid Annual Leave)...

Disability Discrimination

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Is the award of an enhanced pension on medical retirement "unfavourable treatment" under section 15 of the  Equality Act 2010 , if the amount is calculated based on part-time salary because the employee is working part-time as a result...

Government Publishes Good Work Plan

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The Government has published  a series of proposed changes to employment law , following the Matthew Taylor Good Work Review. The government claims it is the biggest reform of employment law in 20 years. As one Twitter commentator has pointed out,...

Collective Redundancies and Territorial Jurisdiction

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In a redundancy situation, can an individual ship be an 'establishment' for collective consultation? Yes, held the Court of Appeal in Seahorse Maritime v Nautilus International . After a redundancy exercise affecting crews based on ships...

What can Michael Barrymore teach us about Polkey?

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You wouldn't expect a  Court of Appeal judgment  about Michael Barrymore's claim for false imprisonment following his arrest after the death of Stuart Lubbock at a party held at Mr Barrymore's house to be relevant to employment law, but...

Worker Status

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Does Article 11 ECHR extend the statutory right to collective bargaining to those without a contractual obligation to perform work personally? No, held the High Court in R (on the application of the Independent Workers Union of Great Britain) v...

Tribunals Update

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Two points of interest: 1. Sir Ernest Ryder, the senior President of Tribunals, has given a speech in which he says (at the  bottom of p6 ) that the Courts & Tribunals Service is considering testing video hearings for case management and simple...

List of Issues

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Is an employment tribunal entitled to rely on a list of issues that miscategorises the claim before them? No, held the EAT (unsurprisingly) in  Saha v Capita plc . Miss Saha worked as an Assistant Management Accountant. On 1 December 2015, she wrote...

New EAT Judge Appointed

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The Courts & Tribunals Service has announced the appointment of His Honour Judge Simon Auerbach as a senior circuit judge of the Employment Appeal Tribunal, with effect from Monday 10 December 2018.  HHJ Auerbach sat as an employment judge at...

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