Employment status: Supreme Court reframes the approach for determining worker status in Uber case

Alan Lewis highlights the key points to come out of the Supreme Court’s long-awaited decision in Uber In the Supreme Court’s view, it would be inconsistent with the purpose of the legislation to treat the terms of a written contract as the starting point to decide whether an individual falls within the definition of a …
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Vicarious liability: Employer liable for after-party assault by its managing director

As the office Christmas party season gets underway, the Court of Appeal has provided a sobering reminder to employers of the breadth of their accountability for any misconduct by employees. Joanna Chatterton and Ed Livingstone report ‘The policy reasons for the courts wanting to make an employer liable are many, not least because the business …
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Employment Status: Considerations when using personal service companies

Matthew Towers discusses a recent case on what counts as ’employment’ for the purposes of bringing a discrimination claim ‘Individuals providing work through personal service companies may not be protected against discrimination under the EA, especially where contractual arrangements are complicated.’ In some industries, such as IT, it is relatively common for individuals to provide …
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Employment Status: Practicalities of zero-hours contracts

Sarah Booth looks at how to ensure that zero-hours agreements are legally enforceable without exploiting workers ‘This article considers the practicalities of using zero-hours contracts and ensuring that agreements are legally enforceable, commercially viable and confer the appropriate obligations on both parties without being exploitative of workers.’ In recent months employment practitioners could not have …
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Terms And Conditions: The rise of zero-hours contracts

Luke Blackburn weighs up the pros and cons of a controversial method for employers to cope with peaks and troughs in demand for labour ‘In zero-hours contracts the employer has almost all of the flexibility of using casual workers, but no obligation to pay anything where no work is available.’ With the recession putting even …
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