Tag archives: employment status

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

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

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

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

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

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

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

(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

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.

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

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

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?

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

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

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
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