header-logo header-logo

18 November 2020
Issue: 7911 / Categories: Legal News , Covid-19 , Employment
printer mail-detail

PPE victory for gig economy workers

The government has not done enough to protect gig economy and precarious workers during the COVID-19 pandemic, the High Court has held in a landmark judgment

The Independent Workers’ Union of Great Britain (IWGB), which brought the judicial review, said one in ten adults who work have gig economy jobs, which accounts for about 4.7 million people.

Ruling in R (IWGB) v Secretary of State for Work and Pensions & Ors [2020] EWHC 3050 (Admin), Mr Justice Chamberlain found the UK has failed to grant workers in the gig economy the rights they are entitled to under EU Health and Safety law. This includes the right to be provided with Personal Protective Equipment (PPE) by the business they are working for, and the right to stop work in response to serious and imminent danger.

According to Old Square Chambers, these protections have only been extended to employees, ‘whereas the court found that their scope is wide enough to also include workers, as defined in s 230(3)(b) of the Employment Rights Act 1996, often called “limb b workers”’. Old Square’s Ijeoma Omambala QC and Cyril Adjei acted for the IWGB.

In his judgment, Chamberlain J said: ‘This gap in protection has existed ever since the deadline for transposing the Directives, 31 December 1992, but the claimant contends that the COVID-19 pandemic gives it a particular salience and significance.

‘The workers whom the claimant represents include taxi and private hire drivers and chauffeurs, bus and coach drivers, and van drivers. All these occupations have higher than average rates of death from COVID-19 and, the claimant submits, particular needs for the kinds of health and safety measures the Directives require.’

He held the government has ‘failed properly to implement Art 8(4) and (5) of the Framework Directive and Art 3 of the PPE Directive with respect to limb (b) workers’.

 

Issue: 7911 / Categories: Legal News , Covid-19 , Employment
printer mail-details

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll