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03 March 2021 / Ian Smith
Issue: 7923 / Categories: Features , Employment , Tribunals
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Employment law brief: 5 March 2021

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Having your cake & EATing it: Ian Smith provides some food for thought
  • Future implications of the Supreme Court’s Uber judgment.
  • Broad issues of policy that arise when two protected characteristics clash.
  • Disclosure and inspection—the test to be applied.
  • Procedure at the hearing—admissibility of similar fact evidence.

The big news in recent weeks has, of course, been the decision of the Supreme Court in Uber BV and others v Aslam and others [2021] UKSC 5, [2021] All ER (D) 89 (Feb), upholding the Court of Appeal’s finding of worker status for gig economy Uber drivers, and also holding that they have that status (for the purposes of the national minimum wage, working time holiday entitlements and whistleblowing claims) for the whole time that their booking app is on. The case is dealt with elsewhere—specifically in Charles Pigott’s NLJ update next week—but one comment may be made here. The decision has been widely reported in the press with speculation not just as to its effects on the whole Uber business model but also

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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