The Supreme Court in the UK has held that food delivery riders (Riders) were not in an ‘employment relationship’ for the purposes of Article 11 of the European Convention on Human Rights, meaning that the provisions of that article which protect the right to form and join trade unions do not apply to them. In
worker status
Global Employment Law: How the Gig Economy is reshaping labour markets
On 24 March 2022, Maartje Govaert, Global Head of Employment and Labour, joined the panel for the JP Morgan virtual Global ESG Conference, discussing “How the Gig Economy is reshaping labour markets: Exploring ESG Risks and Opportunities”.
Below is a summary of some of the points raised by Maartje in the discussion.
What is the …
What is a workers right to claim holiday pay?
The UK Court of Appeal has given its judgment in the case of Smith v Pimlico Plumbers and has allowed the appeal by the appellant in relation to his claim for holiday pay. The case considered whether the worker (who had been incorrectly identified as self-employed) was within time to bring his claim for paid…
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…
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,…