UK: rulings on worker status in gig economy

The Court of Appeal has upheld the EAT’s ruling in Uber BV v Aslam that Uber drivers were workers on the basis that the written documentation seeking to establish them as independent contractors did not reflect reality; the drivers were held to be working while they had the Uber app switched on and were within … Read more

Australia: The federal Modern Slavery Bill becomes law

The Modern Slavery Bill 2018 (Cth) (Bill) was passed into law on 29 November 2018. It is expected to commence in January 2019. The Bill creates an ongoing obligation for ‘Reporting Entities’ to file a modern slavery statement (Statement) – being a report on the steps the entity has taken to assess and address risks of modern … Read more

Australia: Casual employment and double dipping continues to take centre stage

In our previous Legal Briefing we discussed the flurry of recent activity with plaintiff-focussed litigation funders and law firms instituting and threatening to commence class action claims in the mining, direct sales and marketing, and labour hire sectors over the alleged underpayment of employees who have been misclassified as “casual” employees. Our latest instalment involves class … Read more

UK: Budget 2018 confirms IR35 reforms will extend to the private sector

The off-payroll working rules (commonly known as IR35) seek to ensure that individuals who are engaged through personal service companies (PSCs) by service users (End Users), but who perform roles equivalent to employees, are taxed through payroll in the same way as employees. Historically, the obligations to operate payroll and to pay associated employer NIC … Read more

UK: Budget 2018 announces NIC change delay and new minimum wage rates

An important announcement in the Budget for employers to note was the decision to delay by a further year the introduction of employer Class 1A NICs on termination payments over £30,000, until April 2020. There will also be changes to the availability of employment allowance in respect of NIC liability from April 2020 and to … Read more

Australia: Overview of Labour Hire Licensing in Australia

There have been a number of recent developments to licensing schemes in Queensland, South Australia and Victoria. Most notably, the South Australian government has recently announced it intends to repeal the Labour Hire Licensing Act 2017 (SA) and is no longer accepting licence applications. Please click the map below for a summary noting the current … Read more