Amanda Sanders (UK)

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The right of substitution in worker status cases.

The UK Court of Appeal has delivered its judgement in another case looking at the issue of employment status regarding those working in the gig economy. In the UK there are three levels of employment status: Self-employed, worker and employee.  Determining employment status is important for understanding the employment rights to which an individual is … Continue reading

UK Government Consultation on Flexible Working

On 23 September 2021, the UK Government launched a consultation on flexible working arrangements.  The consultation considers reforms to the existing flexible working regulations and is seeking views on proposals to ensure that the framework supports flexible working in all its forms. The consultation considers five areas for review: Making the right to request flexible … Continue reading

Disciplinary actions and dismissals

Paul Griffin, Amanda Sanders and Joanna MacKenzie consider how to handle disciplinary and dismissal matters, and the additional requirements that employers should consider in light of the COVID-19 pandemic and the future workplace. This article was originally published in PLC Magazine The PDF is available: Disciplinary actions and dismissals PDF… Continue reading

The National Minimum Wage and care workers who sleep in: Supreme Court decision

The Supreme Court handed down its decision in the joined cases of Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad and another (T/A Clifton House Residential Home) which concern an employee’s right to the national minimum wage for periods of time when they are required to remain at home on their shift and/or residential … Continue reading

Supreme Court decision in Uber v Aslam

The Supreme Court has today handed down its decision in Uber BV and others v Aslam and others, upholding the Employment Tribunal decision that the drivers are ‘workers’ within the meaning of S.230(3)(b) of the Employment Rights Act 1996 (ERA 1996) and the equivalent definitions in the National Minimum Wage Act 1998 (NMWA 1998) and … Continue reading

The EU- UK Trade and Cooperation Agreement – implications for employment and immigration

On 31 December the UK parliament implemented the European Union (Future Relationship) Act 2020. This makes provision to implement into UK law the three main future relationship agreements with the EU including the EU Trade and Cooperation Agreement (TCA). What does the TCA mean for employment and immigration law? Employment A significant portion of UK … Continue reading

Government consultation on reform of post-termination non-compete clauses in employment

On 4 December 2020, the UK Government launched a consultation on reforming post-termination non-compete clauses in employment contracts. The consultation seeks views on proposals to require employers to pay employees for the period of the restriction; requiring employers to provide additional transparency by providing in writing the exact terms of the non-compete clause before their … Continue reading

Chancellor announces amendments to the UK Job Support Scheme

As we announced in our blog post here on 24 September the UK Chancellor outlined additional government support to help businesses and workers impacted by COVID-19, which would come into force once the Coronavirus Job Retention Scheme (CJRS) ends on 31 October 2020. However, with further restrictions being placed on businesses and the introduction of … Continue reading

Chancellor announces new Job Support Scheme

The UK Chancellor has outlined additional government support to help businesses and workers impacted by COVID-19. There had been calls from businesses for the chancellor to help protect jobs once the Coronavirus Job Retention Scheme (CJRS) ends on 31 October 2020. As a result the chancellor has announced the new Job Support Scheme which will … Continue reading

Testing employees for COVID-19, self-isolation and sick pay

On 10 September the Department of Health and Social Care published guidance for employers on the legal obligations and matters that they need to consider if planning to introduce their own testing for COVID-19. With current infection rates increasing this is ever more important for employers to help protect business continuity. In addition, employers need … Continue reading

New law to ensure furloughed employees receive full redundancy payments

The UK Government has published legislation, which will ensure that all furloughed employees receive statutory redundancy pay based on their normal wages, rather than a reduced furlough rate. The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020 (the Regulations) ensure that various statutory entitlements based on a week’s pay and connected … Continue reading

Professional Cyclist held not to be an employee or a worker

The EAT has held that an employment tribunal was entitled to conclude that a professional cyclist was not an employee or a worker of the British Cycling Federation. In Varnish v British Cycling Federation (t/a British Cycling) the claimant had commenced proceedings before an employment tribunal claiming, amongst others, unfair dismissal and discrimination.  The preliminary … Continue reading

UK Government: Plan for Jobs

On 8 July, the UK Chancellor announced proposals to help UK businesses have the confidence to retain and hire staff. The Government announced that the Coronavirus Job Retention Scheme has helped employers pay the wages of 9 million employees across the UK.  However, the scheme will come to an end on 31 October 2020 and … Continue reading
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