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
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
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
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
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
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
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
