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Food for thought – can UK gig economy workers go on strike?

If there was ever any doubt that Trade Unions target their dates for industrial action to cause maximum inconvenience (think train drivers striking on the day of major sporting events, or binmen striking at Christmas), then Deliveroo and other food delivery company drivers striking on Valentines Day surely put that to bed. Scant consolation for … Continue Reading

Knew this would happen, Part 3 – draft Acas code fails to plug holes in predictable working patterns law (UK)

Last week saw the publication of the draft Acas Code of Practice for handling requests for a “predictable working pattern”.  When we previewed the draft Bill in February, we noted here Knew this would happen – entirely predictable problems with new working patterns Bill (UK) the lack of any definition of “predictable” despite the obvious … Continue Reading

New EAT employee status decision fails to make a virtue out of necessity (UK)

There is a long-established legal principle that you can only imply an employment relationship in the face of a contract saying something different if it is necessary to do so, i.e. if the found facts of the relationship are not consistent with any other explanation, in particular, worker status or genuine self-employment.  Until the Court … Continue Reading

In the market for worker status advice? – new Guidance fails to deliver (UK)

The thing about one-stop shops is that if they do not stock what you want, they become next best thing to useless.  Anyway, welcome to the government’s new Guidance on Employment Status, expressly billed in the accompanying press release as meeting all your worker status needs in one handy document. … Continue Reading

UK Government allows agency staff to cover for striking workers

Despite what seems to be almost universal opposition to its proposals, the government has changed the law to allow employment businesses to supply temporary workers to cover for striking workers. Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 prohibits employment businesses from supplying temporary workers to cover (i) the duties … Continue Reading

Workers gain new health and safety protection from 31 May (UK)

As the law currently stands, sections 44 and 100 Employment Rights Act 1996 protect employees against detriment (e.g. disciplinary action or suspension of pay) and dismissal as a result of their taking steps to protect themselves or others in certain health and safety situations, including where “in circumstances of danger which the employee reasonably believed … Continue Reading

EAT looks through Sash Window for better view on worker holiday pay claims (UK)

King –v- Sash Window Workshop Company was a particularly difficult European Court of Justice case for businesses in the gig economy.  It suggested that where a worker was not provided with an adequate facility to take the paid leave to which he was entitled by that status under the Working Time Regulations (in particular, because … Continue Reading

Government ropes English employers into new self-isolation push

Regulations come into force today which impose new obligations on employers in England to help enforce the coronavirus self-isolation regime. The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 apply to any person who is officially notified (other than via the NHS Smartphone app) that they have tested positive for Coronavirus or been in close … Continue Reading

The end of the Swedish Derogation – yes, but what does it all mean in practice? (UK)

One of the changes planned as part of the Government’s Good Work Plan is for the “Swedish derogation” within the Agency Worker Regulations 2010 to be abolished from April next year.   This is causing concern to a number of our clients who use a high volume of blue collar agency workers.    They are estimating that … Continue Reading
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