Employment law brief looks at the Deliveroo case, partnership versus employment and loss of the right to claim constructive dismissal, in this week’s NLJ
Ian Smith, barrister and emeritus professor of employment law at the Norwich Law School, UEA, ends the year with a triple helping of employment precedent.
First up, can Deliveroo riders form a trade union? That depends if they are ‘workers’. Smith dissects the case and looks at relevant similar cases. Second, what rights pertain where a company such as Anglian Windows forms a contract with a two-person partnership? Is it a sham for employment? Third, in a reversal of the usual state of affairs, what happens when an employee faced with a breach of contract by the employer affirms the contract? Do they lose the right to claim constructive dismissal?
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