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10 January 2019 / Ian Smith
Issue: 7823 / Categories: Features , Employment
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Employment law brief: 10 January 2019

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In his first brief of 2019, Ian Smith (not pictured) revisits the gig economy & reflects on the old days

  • Uber drivers remain ‘workers’; Deliveroo riders, not ‘workers’.
  • Effect of short time working on calculating statutory holiday pay.
  • Applying the justification defence in age discrimination law.

Shortly before the Christmas break, the government announced its intention to adopt most of the recommendations of the Taylor review of modern working practices and published three sets of regulations making a start on this process, though with the important caveat that they are not to come into force until April 2020. Along with specific measures in these regulations it is proposed to seek to bring more clarity to the definitions of ‘employee’, ‘worker’ (or ‘dependent contractor’) and ‘self employed’. What river will be diverted to clean out these particular employment law Augean stables remains to be seen. In the meantime, the first two cases considered here show how advantageous any progress here would be. In the third case, the Court of Justice of the European Union (CJEU) has ruled on the effects of

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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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