header-logo header-logo

11 June 2021 / Ian Smith
Issue: 7936 / Categories: Features , Employment , Tribunals
printer mail-detail

Employment law brief: 11 June 2021

50760
Ian Smith investigates a gap in protection for workers in the ‘gig economy’
  • The worker definition and the relevance of mutuality of obligations.
  • Compensation for indirect discrimination is compatible with Convention rights.
  • Disability likely to last 12 months or recur—a question of timing.

Unusually, the major item of news this last month has been a relatively quick legislative reaction to a serious criticism of the existing law in a decision of the High Court. This was the successful challenge in Independent Workers Union of Great Britain v Secretary of State for Work and Pensions [2021] IRLR 102 to the restriction of the protection of the Employment Rights Act 1996, s 44 (health and safety detriment) to ‘employees’; the point behind the challenge was that in the ‘gig economy’ there was a gap in protection for those who are workers but not employees, especially in relation to the COVID pandemic. It was held that this restriction was contrary to the backing of health and safety directives. The government

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll