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11 June 2021 / Ian Smith
Issue: 7936 / Categories: Features , Employment , Tribunals
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Employment law brief: 11 June 2021

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Ian Smith investigates a gap in protection for workers in the ‘gig economy’
  • The worker definition and the relevance of mutuality of obligations.
  • Compensation for indirect discrimination is compatible with Convention rights.
  • Disability likely to last 12 months or recur—a question of timing.

Unusually, the major item of news this last month has been a relatively quick legislative reaction to a serious criticism of the existing law in a decision of the High Court. This was the successful challenge in Independent Workers Union of Great Britain v Secretary of State for Work and Pensions [2021] IRLR 102 to the restriction of the protection of the Employment Rights Act 1996, s 44 (health and safety detriment) to ‘employees’; the point behind the challenge was that in the ‘gig economy’ there was a gap in protection for those who are workers but not employees, especially in relation to the COVID pandemic. It was held that this restriction was contrary to the backing of health and safety directives. The government has not appealed against this judgment and have now produced

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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