Ian Smith provides a round-up of the latest notable employment law developments
- The workings of the Agency Worker Regulations 2010 (given added complication by elements of fraud and insolvency).
- When gross misconduct (meriting summary dismissal) can arise from gross negligence.
- How the exercise of a contractual mobility clause fits into redundancy law.
As a matter of strict precedent, employment lawyers tend to be wary of placing too much emphasis on decisions at employment tribunal level, but there are occasions where such decisions can start to show the way the judicial wind is blowing, especially where they are newsworthy. Three months ago we saw the tribunal decision in the Uber taxi case, holding two Uber drivers to be “workers” for the purpose of minimum wage and working time rights. The companion case of Dewhurst v City Sprint (UK) Ltd Case no 2202512/2016 (5 January 2017) concerning a cycle courier working in London has now also been heard at first instance, again establishing “worker” status and hence entitlement to statutory holidays. The governing contract was entitled a “tender to supply courier services”
