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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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Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
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