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Employment law brief: 5 March 2021

03 March 2021 / Ian Smith
Issue: 7923 / Categories: Features , Employment , Tribunals
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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

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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