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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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