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          Employment Law Archive

          November

          • 18 Nov 2021

            Employment Law

            EmpLaw Newsletter November 2021

            There have been a number of gig economy cases examining whether individuals satisfy the definition of ‘worker’ under s230(3)(b) of the Employment Rights Act 1996. The latest case in front of the Court of Appeal, Stuart Delivery Ltd v Augustine, involved a moped courier. A ‘worker’ is defined ...

          October

          • 14 Oct 2021

            Employment Law

            EmpLaw Newsletter October 2021

            The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 do exactly what it says on the tin. They prevent an employer from treating a part-time worker less favourably than their full-time colleagues on the grounds of their part-time status.. Less favourable treatment of a ...

          September

          • 16 Sep 2021

            Employment Law

            EmpLaw Newsletter September 2021

            Do you talk about menopause enough in your office? If you employ women aged between 45 and 55, and the issue doesn’t really come up, then the answer is no. Recent statistics from the employment tribunal show that more women are citing menopause in employment tribunal claims for unfair dismissal ...

          July

          • 06 Jul 2021

            Employment Law

            EmpLaw Newsletter July 2021

            Indirect discrimination occurs when an employer applies a provision, criterion or practice (PCP) to all employees which disadvantages a group of people who share a protected characteristic (such as race or sex). Indirect discrimination can be justified if it is a proportionate way of achieving a ...

          June

          • 18 Jun 2021

            Employment Law

            EmpLaw Newsletter June 2021

            An employee is constructively dismissed if an employer fundamentally breaches their employment contract, entitling the employee to resign in response and say they were dismissed. The employee must not ‘affirm’ the contract, for example by delaying too long before resigning. Previous case law has ...

          May

          • 18 May 2021

            Employment Law

            EmpLaw Newsletter May 2021

            The Uber v Aslam domino rally has begun. In Addison Lee v Lange, the Court of Appeal has refused the employer permission to appeal the EAT’s decision that Addison Lee drivers are workers.

          April

          • 23 Apr 2021

            Employment Law

            EmpLaw Newsletter April 2021

            The Supreme Court has given the final word on whether workers should get paid the national minimum wage for sleeping. The case law in this area has been conflicting, with different courts giving different judgments based on similar facts.

          March

          • 23 Mar 2021

            Employment Law

            EmpLaw Newsletter March 2021

            The long running Uber v Aslam saga has finally come to an end. The Supreme Court has confirmed that Uber drivers are workers rather than self-employed contractors. As such, drivers are entitled to basic employment rights such as the national minimum wage, paid holiday and rest breaks. The ...

          February

          • 09 Feb 2021

            Employment Law

            EmpLaw Newsletter February 2021

            Interim relief is a powerful employee remedy. Section 128 of the Employment Rights Act 1996 sets out the limited circumstances in which it can be sought: for dismissals relating to trade union or health and safety representative activities, and whistleblowing cases. If an employee shows that ...

          January

          • 26 Jan 2021

            Employment Law

            EmpLaw Newsletter January 2021

            One consequence of the ending of the UK’s transition period following its exit from the EU is that the Government is now free to make changes to employment law that would not have been possible before. There are some limits, however. The trade agreement that the UK has reached with the EU states ...