Employment Law Newsletter - November 2017
- Worker status: Uber drivers are still workers, new appeal launched
- Worker Status: Deliveroo riders are not workers
- Contract: False reason for dismissal can be breach of implied term
- Without prejudice: Protection cannot be used as shield and sword at same time
- Working Time Directive: Weekly rest period can start at any point within reference period
- Trade Union: Employment cannot be refused on basis of past trade union activities
- Discrimination: Dismissal due to marital difficulties can be direct discrimination
- Brexit: EHRC says government must protect equality in constitution post departure
- Data Protection: Start preparing now for the GDPR
- ACAS: Stress at Work guide available
- Paid Leave: Parental Bereavement (Leave and Pay) Bill receives second reading
- Tribunals: Employment tribunals Refund Scheme now open
- Courts & Tribunals: Closure dates over holiday period
- Christmas & bad weather advice
Worker status: Uber drivers are still workers, new appeal launched
On 10 November, the EAT handed down its decision in the Uber decision, upholding the employment tribunal's ruling from October last year that Uber drivers are 'workers' and therefore qualify for workers' rights. This means the claimants were able to pursue their claims made under the Employment Rights Act 1996, the …
Worker Status: Deliveroo riders are not workers
In November 2016, the Independent Workers Union of Great Britain (IWGB) made an application for compulsory recognition under Schedule A1 of the Trade Unions and Labour Relations (Consolidation) Act 1992 to the Central Arbitration Committee (CAC) in respect of Deliveroo (Independent Workers Union of Great Britain v RooFoods Ltd (t/a Deliveroo) TUR1/9 …
Contract: False reason for dismissal can be breach of implied term
The question before the EAT in Rawlinson v Brightside Group Ltd  UKEAT/0142/17/DA was whether an employee who had resigned in response to a reason for dismissal which turned out to be false could then bring a claim for breach of contract to recover his notice pay.
The EAT held that the tribunal had concluded …
Without prejudice: Protection cannot be used as shield and sword at same time
You may have heard the phrase “without prejudice” but are not entirely sure what it means. When trying to negotiate a genuine settlement in a dispute, the parties may use the words “without prejudice” either in writing or orally, to prevent any admissions they make from being used against …
Working Time Directive: Weekly rest period can start at any point within reference period
In June, Advocate General Saugmandsgaard Øe gave an opinion that the 24-hour weekly rest period provided by the Working Time Directive (Directive 2003/88/EC) may be granted on any day in each seven-day reference period. In the case of Maio Marques da Rosa v Varzim Sol – …
Trade Union: Employment cannot be refused on basis of past trade union activities
In Jet2.com Ltd v Denby UKEAT/0070/1, a pilot brought an action against Jet2.com Ltd under s.137 of the Trade Union and Labour Relations (Consolidation) Act 1992 because he was refused employment by the airline due to historical involvement in trade union activities. Section 137 states that it is unlawful to refuse …
Discrimination: Dismissal due to marital difficulties can be direct discrimination
Direct marriage and civil partnership discrimination is set out in section 13(1) of the Equality Act 2010. It occurs where a person (A) treats another (B) less favourably than A treats or would treat others because B is married or a civil partner.
In Gould v Trustees of St John's Downshire Hill UKEAT/0115/17& …
Brexit: EHRC says government must protect equality in constitution post departure
The Equality and Human Rights Commission (EHRC) is a watch dog that was set up by the government with the aim of challenging discrimination, and protecting and promoting human rights. Its job, it says, is to make Britain fairer. To this end, the Commission has been vocal about what the landscape should …
Data Protection: Start preparing now for the GDPR
As we reported last month, the UK’s law regarding Data Protection is changing in a big way soon through implementation of the General Data Protection Regulation (GDPR) and the new Data Protection Bill, which is currently being debated in parliament. If your business deals with personal data in any way it will need to abide by, and …
ACAS: Stress at Work guide available
ACAS has recently published a new guide entitled ‘Stress at Work’ to help organisations and individuals reduce stress at work - as well as the all important, preventing it happening in the first place. Along with this guide, there is the TUC and HSE guidance that came out earlier in the year. ACAS also has a free confidential helpline (0300 12 …
Paid Leave: Parental Bereavement (Leave and Pay) Bill receives second reading
This Bill recently received its second reading in Parliament at the end of October and is due to go through Committee stage in November, and then of course it still has to go through the Lords. There has been much support for it though and it is intended that it will become law in 2020.
There is currently no …
Tribunals: Employment Tribunals Refund Scheme now open
In July we reported that the Supreme Court had ruled that employment tribunal and EAT fees were unlawful, on the basis that the fees have the effect of preventing access to the tribunal system.
The Refund Scheme began with a phased implementation system. The first phase allowed around 1,000 people, who were contacted directly, to make …
Courts & Tribunals: Closure dates over holiday period
The HM Courts and Tribunals Service (HMCTS) has published details on their website of which courts and tribunals will be closed over the Christmas and New Year period, as set out below.
Crown Courts, County Courts and the Royal Courts of Justice will close over the Christmas period …
Christmas and bad weather advice
Take this as your yearly reminder for employers and employees alike: take a look at what to expect regarding your rights and duties towards the workplace over the Christmas period and with any upcoming winter weather disruptions.
The guidance is provided by ACAS and can be viewed via these links: ‘Christmas Holidays’ and ‘ACAS guidance for …