Tag archives: worker

Professional Cyclist held not to be an employee or a worker

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

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

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

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

Key employment law developments expected in 2017

By Jannis Breitschwerdt on February 9, 2017 Posted in Contracts, General, Germany

A significant amount of new employment legislation is expected or is already in place for 2017. Key changes will be in the hiring of temporary workers through an agency (referred to as “personnel leasing” in Germany), employee protection and equal treatment. Reform of laws regarding personnel leasing One of the main developments in 2017 will … 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

What rights and protections are there for workers on zero hours contracts in Germany?

By Jannis Breitschwerdt on September 23, 2016 Posted in Contracts, Europe, Germany

Unlike in the U.K. and other EU member states, zero hours contracts are not (yet) common practice in Germany. To date, other arrangements aimed at achieving “flexible working” such as fixed-term or part-time contracts, secondment of personnel and – more recently – contracts to provide services have been more widespread. However, as German case law … Continue reading

The results of an alcohol test do not justify a dismissal if based on unenforceable internal regulations

By Judicaël Fouquet on January 18, 2016 Posted in Europe, France

Under French employment law, the issue of alcohol consumption at the workplace is taken very seriously as it could entail significant risks, not only for the employee and his/her colleagues, but also for the company in general (loss of productivity, reputational risks, etc.). Moreover, the employer is bound by a duty of care towards its … Continue reading

The CFO of a parent company can validly dismiss employees of a subsidiary

By Judicaël Fouquet on November 13, 2015 Posted in Europe, France

French employment law mandates that it is the employer itself who must notify employees of their dismissal. In this context, and for obvious practical reasons, the employer is entitled to delegate the authority to sign the dismissal letter to another person. However, even though case law has long admitted that in certain situations the dismissal … Continue reading

Termination of an employment contract by mutual agreement cannot be used as an alternative to a dismissal

By Judicaël Fouquet on October 30, 2015 Posted in Europe, France

French employment law allows employers and employees to agree on the termination of the employment contract by mutual consent. Such termination must be formalized through the implementation of a “rupture conventionnelle homologuée” (“RCH”) which requires adherence to a formal procedure including, among other things, the requirement to obtain approval from the Labour administration. The advantage … Continue reading

Working time – Are there any restrictions on an employee’s working week?

By Judicaël Fouquet on May 29, 2015 Posted in Europe, France

Employees’ working time is a hot topic in France, the 35 hour week being the centre piece of working time regulations in France. Although the 35 hour week has been repeatedly criticized over the years, it has remained mostly unchanged. French law also includes more specific and complex provisions for various categories of employees. Normal … Continue reading

What rights do employees have to a minimum wage in France?

By Judicaël Fouquet on April 30, 2015 Posted in Europe, France

Under French employment law, employers are generally free to determine the remuneration package to be provided to their employees in accordance with the working of the free markets. However, such liberty is traditionally limited in particular by the principle of equal work for equal pay and the obligations relating to minimum wage. In this respect, … Continue reading

What protection do employees have against age discrimination in France?

By Judicaël Fouquet on March 27, 2015 Posted in Discrimination and harassment, Europe, France

The matter of age discrimination is a particularly sensitive issue in France, where the relatively high unemployment rate of young and aged persons is structural. In this context, there exist specific legal provisions particularly with regard to the employment of young workers. There is also a national-interprofessional collective bargaining agreement with respect to older workers … Continue reading

Employees’ right to holidays in France

By Judicaël Fouquet on July 16, 2014 Posted in Europe, France

Under French law, all employees are granted a right to paid annual leave, which consists of a statutory minimum number of days subject to any more favourable provisions applicable under any collective bargaining agreement to which the employer (or the sector of business in which the employee is active) is party, the employer’s internal practices … Continue reading