Tag archives: self-employed

EU rules on worker status

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, provides that  a ‘worker’ means an individual who enters into or works under a contract of employment or any other contract, whether oral or in writing or express or implied, whereby the individual undertakes to perform personally any work or services for another party. The … Continue Reading

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

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 payroll data relating to some of the workforce.  Despite immediate steps being taken by the employer to protect the employees, and the individual being found liable, some of the affected employees brought proceedings against the employer on the basis that it was vicariously liable … Continue Reading

UK Government support to self-employed individuals

On 26 March the UK Government announced a package of support to self-employed individuals. The main points of the proposal are:

  • Self-employed individuals can apply for grants of up to 80% of their profits up to £2,500 per month
  • The level will be calculated on the basis of the average monthly trading profit over the last three years.
  • The Scheme will be open to those with a trading profit of less than £50,000 in 2018/19 or an average trading profit of less than £50,000 from 2016-17,2017-18 and 2018-19. The chancellor has indicate that this accounts for 95% of the self-employed.
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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 the case, Mr Smith satisfied the key elements of worker status in that he undertook to carry out work personally for the Company and that the Company was not in the position of a client or customer of a business carried on by him.

BackgroundContinue Reading

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

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 provisions of the WTR, the worker has to take the leave unpaid before he can bring a claim for payment. The ECJ considers that this denies workers an effective remedy for an employer’s failure to provide paid holiday. Furthermore where an employer refuses to pay … 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 rights as workers or were self-employed.  This case could have a significant impact on all workers in the “gig” economy.

A worker under UK law is defined under section 230(3) Employment Rights Act 1996 as an individual who has entered into or works under a … Continue Reading

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