Tag archives: employment status

High Court clarifies definition of casual employee

By David Cross on August 3, 2021 Posted in Australia

The High Court has upheld the employer’s appeal in the Rossato casual employment test case, and in the process has clarified the definition of casual employment (Workpac Pty Ltd v Rossato [2021] HCA 23). However, the practical significance of this decision has been limited by recent legislative amendments. The High Court held that a casual … Continue reading

Supreme Court decision in Uber v Aslam

By Amanda Sanders (UK) on February 19, 2021 Posted in Contracts, UK

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

Professional Cyclist held not to be an employee or a worker

By Amanda Sanders (UK) on July 17, 2020 Posted in Contracts, General, UK

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

De nouvelles obligations pour les plateformes de mise en relation

By Elodie Grangier on December 26, 2019 Posted in Contracts, Europe, France, General

Les plateformes de mise en relation (comme Uber ou Deliveroo), qui sont de plus en plus utilisées en France, font pourtant l’objet de nombreuses critiques, principalement fondées sur les conditions de travail des travailleurs indépendants qu’elles utilisent dans le cadre de leur activité. Le Gouvernement français s’est donné pour mission d’encadrer l’activité de ces plateformes, … Continue reading

Extension of whistleblowing protection

By Amanda Sanders (UK) on October 18, 2019 Posted in UK, Whistleblowing

Workers in the UK are protected from suffering a detriment where they have made a protected disclosure under the Employment Rights Act 1996 (ERA 1996). To be protected under section 47B ERA 1996 the individual must be a worker as defined by s203(3) of that Act. A recent decision of the Supreme Court considered whether … Continue reading

What to expect in 2019

By Claire Darbourne (UK) on February 27, 2019 Posted in Contracts, Europe, General, UK

Following a Government-commissioned review of employment working practices in the UK which was published in 2017, a number of developments in employment law reform are expected over the coming months. The Government published its latest proposals in December, covering a number of areas for change, some intended to improve the enforcement of employment rights, some … Continue reading

Singapore: “Watershed” Amendments to Employment Legislation

By Mathias Goh on December 11, 2018 Posted in Asia Pacific, Singapore

Singapore’s employment laws are set to undergo watershed changes come April 2019. In summary, a greater number of employees – in particular, professionals, managers and executives (“PMEs”) – will soon be able to avail themselves of the statutory protections contained in Singapore’s Employment Act, the key employment legislation in Singapore. The single most significant legislative … Continue reading

Appointing Contractors through a personal service company – employment and tax implications

By Amanda Sanders (UK) on June 26, 2018 Posted in Contracts, UK

Following on from the recent cases on employment status there has been much discussion regarding how individuals should be appointed. Whilst some commentary has suggested that companies should consider appointing their contractors through Personal Service Companies (PSC’s), is this an ideal solution? Currently, where a private sector employer appoints a contractor who operates through a … Continue reading

UK Supreme Court holds that plumber engaged by Pimlico Plumbers was a “worker” and not a self-employed contractor

By Claire Darbourne (UK) on June 19, 2018 Posted in Discrimination and harassment, Europe, UK

The Supreme Court has dismissed the latest appeal by Pimlico Plumbers Ltd (the Company) against the employment tribunal’s decision that one of its plumbers, Mr Smith, was a “worker” under the provisions of the Employment Rights Act 1996 (ERA) and the Working Time Regulations 1998 (WTR). The Supreme Court held that, on the facts of … Continue reading

Issues of employment status: pseudo self-employment and hidden personnel leasing in Germany

By Pia Popp on June 6, 2018 Posted in Europe, Germany

German labour law follows the “all or nothing” principle: Labour law regulations presume an existing employment relationship between employer and employee. If no such relationship exists, protective labour law regulations cannot be applied (with a few exceptions e.g. in the case of managing directors of a “GmbH” (limited company)). Assessing whether an employment relationship exists … Continue reading

Issues of employment status in France

By Marie-Thérèse Eugénio on June 4, 2018 Posted in Europe, France

France makes a distinction between those individuals with an employment status and independent workers. Under French employment law, an employee is defined as an individual who works pursuant to an employment contract (and under the subordination of the employing entity) and receives a salary in return for his or her services. Unlike an employee, a consultant remains … Continue reading

Italian labour court hands down landmark decision on Foodora case with potentially far-reaching implications for any company active in Italy’s growing Gig economy

By Vincenzo Di Gennaro and Attilio Pavone on May 24, 2018 Posted in Europe, Italy

On May 7, 2018 the Labour Court of Turin handed down a landmark decision in a case brought by delivery bike drivers or couriers (“riders”) working for Foodora, an online food delivery company that offers meal delivery in 10 countries worldwide, including Italy. Amongst other things, the riders, each with a freelance work contract with … Continue reading

The UK Government’s Good Work Plan and the Gig economy

By Claire Darbourne (UK) on March 14, 2018 Posted in Europe, General, UK

Further to our post on the UK Government’s announcement (7 February 2018) of its Good Work plan following the Taylor review of Modern Working Practices published in July last year (the Review), the Government’s full response has now been published (the Response) together with the four consultation documents promised. The key proposals detailed in the … Continue reading

The UK Government’s Good Work Plan

By Claire Darbourne (UK) on February 7, 2018 Posted in Contracts, Europe, UK

(Note: Since drafting this post, the Government has published the consultation documents so a further update will follow.) The UK Government has today (7 February) announced its Good Work Plan (the Plan) in response to the Taylor review of Modern Working Practices published last year which set out a number of recommendations, in particular … Continue reading

AI and the future of work – UK Prime Minister puts Modern Industrial Strategy at the centre of the Government’s agenda

By Claire Darbourne (UK) on January 30, 2018 Posted in Europe, UK

In her speech at the World Economic Forum in Davos last week, Theresa May focused on the UK Government’s plan to develop a Modern Industrial Strategy to best harness the huge potential of the technological advances in Artificial Intelligence (AI) whilst addressing the profound concerns about any negative consequences. Modern Industrial Strategy The Prime Minister … Continue reading

A Framework for Modern Employment – House of commons report.

By Amanda Sanders (UK) on November 23, 2017 Posted in UK

The Work and Pensions and Business, Energy and Industrial Strategy Committees have published a joint report on “A framework for modern employment” (the Report) which considers how the employment framework should be amended to reflect the modern workplace. The Report acknowledges that “the expansion of self-employment and business models built around flexible work on digital … Continue reading

Uber appeal – Drivers have worker status

By Amanda Sanders (UK) on November 14, 2017 Posted in UK

The EAT has dismissed Uber’s appeal against the employment tribunal’s decision that its 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 the Working Time Regulations 1998 (WTR 1998). The EAT held that the … Continue reading

Modern Workplaces – Wide ranging recommendations in the Taylor Report

By Amanda Sanders (UK) on July 14, 2017 Posted in Contracts, Europe, UK

The long awaited Taylor Review of Modern Working Practices was published on 11 July. The recommendations from the review throw some interesting questions into the mix. The general theme is the need for an adaptable, consistent and protected community in which employment and security of workers can prosper. It will be interesting to see how … Continue reading

Employee, worker or self-employed?

By Amanda Sanders (UK) on December 1, 2016 Posted in Europe, UK

In UK employment law a person’s employment status determines both their rights and responsibilities. An individual can be an employee, a worker or self-employed. Whilst traditionally individuals were employees or self-employed there has been a significant rise in “worker” status. The recent reported case of Aslam and others v Uber BV considered whether drivers had … Continue reading

Limited Liability Partnerships members’status as workers

By Amanda Sanders (UK) on May 29, 2014 Posted in Europe, General, UK, Whistleblowing

This post was co-written by Lesley Harrold, Senior Knowledge Lawyer (Pensions), Norton Rose Fulbright LLP (London) Employment Status Since its introduction in 2000 the limited liability partnership (“LLP”) has become a popular corporate vehicle for professional services providers in the UK, especially legal and accountancy firms, many of which have converted from traditional partnerships to … Continue reading

New rules on employee shareholders

By Claire Darbourne (UK) on September 4, 2013 Posted in Europe, UK

Controversial rules allowing employees to waive certain employment rights in exchange for shares in their employer’s company came into force in the UK at the beginning of this month. The new rules, set out in the UK’s employment legislation, provide for a new type of employment status known as an ‘employee shareholder’. Essentially an employee … Continue reading