March 2017 #178 – Law Journals

Employment Status: The tide turns on gig economy firms

A host of legal decisions, reviews and reports is calling into question the notion that workers such as Uber drivers and couriers are self-employed, writes Natalie Razeen ‘The courts and tribunals have always been willing to assess the reality of the relationship between the individual and the “employer” and recognise such individuals as being workers …

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Equal Pay: Gender pay gap regulations: the wait is over

Andrew Taggart, Anna Henderson and Hannah White examine the long-awaited final regulations and draft guidance introducing gender pay gap reporting for large companies ‘As the [final form]regulations are made under the Equality Act 2010, they will apply to “employees” as defined by s83 of that Act.’Almost two years after the Small Business, Enterprise and Employment …

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Immigration: Farewell to free movement

Samar Shams considers how employers and their advisers should prepare for Brexit, possible restrictions on travel to the US and higher fees to sponsor migrant workers ‘Employers should encourage EEA national employees and any affected family members to apply for documentation of their rights.’ The meaning of Brexit has changed continuously since the British referendum …

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Settlement Agreements: No ‘one size fits all’ approach

In light of recent case law, Stephen Ravenscroft and Sarah Taylor discuss the importance of using clear wording when drawing up a settlement agreement ‘For a settlement agreement to be considered as fulfilling an employer’s statutory maternity pay (SMP) liability, it must specifically state that any such payment is included to the full extent of …

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Alcohol And Drugs: Calling time on drinking in work hours

Following Lloyd’s of London’s ban on drinking during the working day, Stephen Levinson explains the legal and practical issues surrounding the introduction of a drug and alcohol policy ‘Employers thinking of implementing their own ban on drinking during the working day should ensure they have a reasonable business explanation and have considered the nature of …

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Relocation: Can mobility clauses be relied on to avoid redundancy situations?

A recent decision highlights the importance of limiting the scope of mobility clauses to what is reasonable, report Nicola Ihnatowicz and Anna Scott ‘Mobility clauses should be carefully drafted and limited to what is reasonable. Where an employer has multiple sites, it might be a good idea to name the alternative locations or to restrict …

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Legal News: Employment update

Nikeeta Mahay rounds up recent case law and developments affecting employers and their advisers ‘The High Court said that it would have been a reasonable step to require the non-disabled person to vacate a wheelchair space for the wheelchair user. When the non-disabled person refused to do so, the driver should have asked her to …

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