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20 December 2018
Issue: 7822 / Categories: Legal News , Employment
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Drivers claim victory over Uber

Uber drivers are workers rather than self-employed, the Court of Appeal has confirmed, in the latest triumph for people working in the gig economy.

The decision means drivers James Farrar and Yaseen Aslam, who brought the case, are entitled to holiday pay, paid rest breaks and the minimum wage. The ruling, in Uber BV v Aslam & Ors [2018] EWCA Civ 2748, that the drivers are ‘workers’ under the Employment Rights Act 1996, upholds earlier employment tribunal and Employment Appeal Tribunal decisions.

The drivers had claimed holiday pay under the Working Time Regulations 1998 and under-payments of the minimum wage. One claimant claimed he had suffered detriment for being a whistleblower, in breach of Part V of the 1996 Act. 

Uber has been granted permission to appeal to the Supreme Court.

Issue: 7822 / Categories: Legal News , Employment
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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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