header-logo header-logo

03 March 2021 / Ian Smith
Issue: 7923 / Categories: Features , Employment , Tribunals
printer mail-detail

Employment law brief: 5 March 2021

41395
Having your cake & EATing it: Ian Smith provides some food for thought
  • Future implications of the Supreme Court’s Uber judgment.
  • Broad issues of policy that arise when two protected characteristics clash.
  • Disclosure and inspection—the test to be applied.
  • Procedure at the hearing—admissibility of similar fact evidence.

The big news in recent weeks has, of course, been the decision of the Supreme Court in Uber BV and others v Aslam and others [2021] UKSC 5, [2021] All ER (D) 89 (Feb), upholding the Court of Appeal’s finding of worker status for gig economy Uber drivers, and also holding that they have that status (for the purposes of the national minimum wage, working time holiday entitlements and whistleblowing claims) for the whole time that their booking app is on. The case is dealt with elsewhere—specifically in Charles Pigott’s NLJ update next week—but one comment may be made here. The decision has been widely reported in the press with speculation not just as to its

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll