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27 March 2019
Issue: 7834 / Categories: Legal News , Employment
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Blow for agile workers in gig economy

A former Pimlico Plumbers engineer who was held by the Supreme Court to be a worker rather than self-employed has nevertheless lost his tribunal claim for £74,000 in holiday pay.

Croydon employment tribunal held last week that Gary Smith had not filed his claim for backdated holiday pay in time; he should have claimed within three months of each holiday period.

His lawyer said he did not know he was entitled to paid leave until after he stopped working for the company.

Neil Tonks, legislation expert at payroll software company MHR, said the ruling ‘represents a real blow to individuals in the gig economy looking to make similar claims, who have been wrongly classed as selfemployed for some time and are totally unaware of what rights they do and don’t have.’

‘The case again highlights how new agile models of working have left many people in the dark about their employment status and the need for greater clarity,’ Tonks added.

Issue: 7834 / Categories: Legal News , Employment
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MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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