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10 January 2019 / Ian Smith
Issue: 7823 / Categories: Features , Employment
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Employment law brief: 10 January 2019

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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

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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