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11 June 2021 / Ian Smith
Issue: 7936 / Categories: Features , Employment , Tribunals
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Employment law brief: 11 June 2021

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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

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
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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