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17 November 2016 / Ian Smith
Issue: 7723 / Categories: Features , Employment
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Employment law brief: 17 November 2016

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Ian Smith examines the recent cases that have been driving employment law

  • Could Aslam v Uber BV be the first case to make use of the recently-introduced power to send an appeal from the EAT directly to the Supreme Court as a “leap-frog”?
  • Including commission in statutory holiday pay—the latest from the Court of Appeal
  • Communicating a dismissal—the sound of silence.

The most newsworthy development in October was of course the widely reported decision of an ET in Aslam v Uber BV Case no 220550/2015 that two Uber taxi drivers were not self-employed, but were “workers” for the purposes of claims for the minimum wage and working time rights. This was reported as bringing not just the basic Uber business model into question, but also other examples of what is increasingly known colloquially as the “gig economy”; the media also reported the imminence of other employment tribunal cases relating to similar areas such as delivery and courier services. Not surprisingly, the backing union hailed it as a major precedent,

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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