The Supreme Court has upheld previous judgments that Uber drivers are workers, not self-employed. In doing so, it has held that the terms of a written contract should not be treated as the starting point in determining worker status. Courts and tribunals should instead look at all the circumstances of the case, and reach their own conclusion on whether an individual is a worker.
In a case in which it was held that an employee was unfairly dismissed for setting up a camera to monitor anyone who entered his private office, the Employment Appeal Tribunal (EAT) has also provided useful guidance on the approach employers should take to investigating and hearing connected disciplinary hearings against more than one employee.
The EAT has held that an employer could not rely on the defence under the Equality Act that it had taken all reasonable steps to prevent harassment, as its diversity training had become “stale”. The EAT confirmed that when looking at whether the step relied on by the employer, here diversity training, was reasonable, “it is not sufficient merely to ask whether there had been training, consideration has to be given to the nature of the training and the extent to which it was likely to be effective.”
The EAT has given some further guidance on when a disclosure can reasonably be viewed as made in the public interest for the purposes of qualifying for whistleblower protection. In this case, an allegation that a solicitors firm had overcharged a single client was capable of being in the public interest.
Following the designations announced 18 February (see our recent post), the UK has designated 5 further individuals under the…
The UK 2021 Budget was published yesterday, targeted at driving economic recovery as the UK begins to edge out of the worst of the COVID-19 pandemic and reopen its economy. Key to the Chancellor’s stated agenda is seeking to promote business investment and support entrepreneurial growth, whilst creating and protecting jobs and livelihoods – which the Chancellor maintains is at the forefront of his Budget mandate. We have summarized the key employment tax highlights of the 2021 Budget.
States around the world have adopted measures in reaction to the unprecedented nature and scale of the COVID-19 pandemic to curb the spread of the virus, ensure healthcare systems are not overrun and, more recently, balance reviving the economy and keeping control of the virus. These wide-ranging and far-reaching measures are not without consequences, particularly on foreign investments.
We highlight examples of measures that may have the potential — and for some have already started — to give rise to claims under investment treaties.
In brief On 21 January 2021, the Organisation for Economic Co-Operation and Development (OECD) published updated guidance on…
The Black Lives Matter movement, accelerated by the murder of George Floyd, sparked a global awakening to racial disparities in society. Impassioned protests were promptly followed by donations to non-governmental organisations and corporate statements of allyship. Over nine months on from George Floyd’s death in May 2020, we explore what long-term impact this epiphany could have for employers, the workforce, and employment law.
Following the designations announced 18 February (see our recent post), the UK has designated 5 further individuals under the Myanmar/Burma sanctions regime: Tin Aung San Maung Maung Kyaw Aung Lin Dwe Moe Myint Tun Ye Win Oo The UK has also updated the listing details for Min Aung Hlaing (previously designated,…