As we rapidly approach the end of 2017 and reflect on changes in employment law and cases, there have been key themes throughout the year.
n
n
Employment status is possibly top of the list with a number of developments in this area due to the rise of the gig economy and challenges with cases involving Uber, Deliveroo and Pimlico Plumbers.
n
n
The Uber journey started in 2016 when drivers successfully argued they were not self-employed citing Uber’s control over their working conditions. The drivers were found to be workers which meant they were entitled to minimum wage, holiday and sick pay.
n
n
In 2017 the case went to the Employment Appeal Tribunal where Uber argued it was a technology company and drivers were independent self-employed contractors, but this was unsuccessful. The case is due to go to the Court of Appeal in 2018.
n
n
In another case, Deliveroo was successful in demonstrating that their riders were self-employed rather than workers and this case focused on the ability of Deliveroo riders to send a substitute to do the job for them – a key factor in determining employment status.
n
n
Pimlico Plumbers Ltd v Smith was another high profile case and this involved a plumber who was regarded as self-employed but to customers he appeared to be working on behalf of Pimlico Plumbers. He had a minimum number of working hours, a uniform, a vehicle and post-engagement restrictions, but following a heart attack his contract was terminated. He subsequently brought claims which included unfair dismissal and unpaid holiday pay.
n
n
Mr Smith was found to be a worker and not self-employed, however, Pimlico Plumbers has been granted permission to appeal to the Supreme Court in a case which is due to be held in February 2018.
n
n
The past few years have seen significant changes to the labour market and July 2017 saw the publication of “Good Work”, an independent review into modern employment practices by Matthew Taylor, Chief Executive of the Royal Society of Arts. This report investigated working practices and how new ways of working have left employment law struggling to keep up with changes.
n
n
The review makes various recommendations and a key theme is clarity in the law and employment status which determines employment rights.
n
n
Also in July 2017, the Supreme Court ruled that employment tribunal fees were unlawful as they prevented access to justice and made it disproportionately difficult for employees to enforce employment rights. Furthermore, fees were indirectly discriminatory as a larger proportion of women than men brought more expensive discrimination claims. Immediate steps were taken to change fees and make arrangements to refund those who had paid.
n
n
The next major change on the horizon is the introduction of the General Data Protection Regulation which will apply from the 25th May 2018.
n
n
If you would like further information or support for your business please contact Sheila Watson on 01429 857082.