As we dive into 2018, below is a summary of some of the cases to look out for in the forthcoming year.
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Last year’s hot employment law topic was employment status and this is set to continue as a couple of highly important cases progress to the next step in the legal ladder.
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The first concerns Pimlico Plumbers Ltd v Smith. Mr Smith was classed as a self-employed plumber who worked with Pimlico Plumbers. In short, he appeared to be an employee of the business whilst the company tried to maintain the legal relationship of client and independent contractor.
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After a heart attack Smith’s contract was terminated and he brought claims for unfair dismissal, wrongful dismissal, unpaid holiday pay and wages and disability discrimination.
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The Court of Appeal ruled that Mr Smith was a worker which entitled him to some rights and in February 2018, the Supreme Court will hear the appeal from Pimlico Plumbers.
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In 2018 the Court of Appeal is also due to hear an appeal in Uber BV and others v Aslam against the decision that self-employed drivers were workers and therefore entitled to holiday pay and at least National Minimum Wage while working.
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With regard to pay, a ruling from the Employment Appeal Tribunal is due shortly on whether it is unlawful for an employer to pay a man on shared parental leave less than it pays a woman on maternity leave. Another similar case is also due to be heard in January.
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In May the Supreme Court will consider whether a bakery business discriminated against a customer when it refused on religious grounds to supply a cake decorated with the message ‘support gay marriage’.
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With regard to disability, in a series of cases, including Donelien v Liberata UK Ltd, the Court of Appeal will consider what knowledge someone needs to have about an individual’s disability to trigger the duty to make reasonable adjustments and when they can be liable for discrimination.
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Equal Pay has been the subject of a long-running case involving thousands of female shopfloor workers at Asda who are claiming the same pay as male workers in distribution centres. Asda is going to the Court of Appeal to challenge the decision that the workers are able to compare their pay with that of workers who are based on different establishments. Other supermarkets are facing similar claims.
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Another case which is of particular relevance to the care sector looks at what counts as work for minimum wage purposes. In Royal Mencap Society v Tomlinson-Blake and other cases, the Court of Appeal will consider the complicated issue of sleepovers and whether someone can be working merely by being present at the workplace, even if they are asleep.
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As usual, there is plenty for employers to consider and if you would like further information or support for your business please contact Sheila Watson on 01429 857082.