header-logo header-logo

Employment law brief: 10 January 2019

10 January 2019 / Ian Smith
Issue: 7823 / Categories: Features , Employment
printer mail-detail
nlj_7823_smith

In his first brief of 2019, Ian Smith (not pictured) revisits the gig economy & reflects on the old days

  • Uber drivers remain ‘workers’; Deliveroo riders, not ‘workers’.
  • Effect of short time working on calculating statutory holiday pay.
  • Applying the justification defence in age discrimination law.

Shortly before the Christmas break, the government announced its intention to adopt most of the recommendations of the Taylor review of modern working practices and published three sets of regulations making a start on this process, though with the important caveat that they are not to come into force until April 2020. Along with specific measures in these regulations it is proposed to seek to bring more clarity to the definitions of ‘employee’, ‘worker’ (or ‘dependent contractor’) and ‘self employed’. What river will be diverted to clean out these particular employment law Augean stables remains to be seen. In the meantime, the first two cases considered here show how advantageous any progress here would be. In the third case, the Court of Justice of the

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

Druces LLP—Afsor Ullah

Druces LLP—Afsor Ullah

Partner appointed head of Islamic finance

Birketts—Rachel Frost-Smith

Birketts—Rachel Frost-Smith

Legal director named as new head of children

Kingsley Napley—Tristan Cox-Chung

Kingsley Napley—Tristan Cox-Chung

Firm bolsters restructuring and insolvency team with partner hire

NEWS
Criminal defence lawyers have expressed dismay at the Lord Chancellor David Lammy’s plans to reduce the backlog by scaling back jury trials to murder, rape, homicide and other indictable crimes where the sentence is three years or more
MPs will vote next week on an amendment to fast-track the change to the unfair dismissal qualifying period, as the government’s flagship Employment Rights Bill returns to the Commons
Barristers have been warned to be on guard against anthropomorphism, hallucinations, information disorder, bias in data training, mistakes, data protection blunders and confidential data leaks when using generative artificial intelligence (AI)
Legal aid lawyers have welcomed increased fees for criminal, housing and immigration work
Public willingness to take part in class actions is rising, according to annual research by communications consultancy Portland
back-to-top-scroll