Tag archives: self-employed

EU rules on worker status

Photo of Aida GeragusianBy Aida Geragusian on Posted in Contracts, UK
The ECJ has ruled on the definition of worker status under the EU Working Time Directive in the case of B v Yodel Delivery Network Ltd – is this good news for businesses? Time will tell. Background The Working Time Regulations (1998) (WTR) transposes the EU Working Time Directive (WTD). Regulation 2 of the WTR, … Continue reading

Vicarious Liability – the UK Supreme Court hands down two important decisions.

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on Posted in Data privacy and GDPR, UK
The Supreme Court has now delivered its judgements on two important cases involving the concept of vicarious liability. In both it has upheld the appeals holding that the employer was not vicariously liable. The first case is WM Morrison Supermarkets plc v Various Claimants.  The case concerned a data breach by a disgruntled employee of … Continue reading

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

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on 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

Enforcement of the right to paid holiday under the UK Working Time Regulations ruled incompatible with the EU Directive

Photo of Claire Darbourne (UK)By Claire Darbourne (UK) on Posted in Europe, UK
The Court of Justice of the European Union (ECJ) has ruled that the method of enforcement of the right to paid holiday in the UK Working Time Regulations (WTR) is incompatible with the EU Working Time Directive. This is because, if an employer refuses to pay a worker for a period of holiday, under the … Continue reading

Employee, worker or self-employed?

Photo of Amanda Sanders (UK)By Amanda Sanders (UK) on 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
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