UK: Supreme Court gives landmark ruling that contractual terms are not the starting point for determining worker status, which instead requires a purposive approach to the legislation

On Friday the Supreme Court upheld the Employment Tribunal’s 2016 ruling in favour of two test claimants that, as Uber drivers, they were ‘limb (b)’ workers entitled to statutory holiday and minimum wage rights for their working time (including all the time spent in the agreed territory, logged into the app and ready and willing … Read more

UK: ECJ widens scope for disability discrimination claims

The European Court of Justice has ruled that direct disability discrimination may be established if the criterion for less favourable treatment is inextricably linked to disability.  The difference in treatment does not have to be in comparison with a non-disabled worker: it can be between disabled workers, for example where treatment differs according to different … Read more

EU-UK Trade and Cooperation Agreement: implications for employment law

The Trade and Cooperation Agreement (the “TCA”) agreed between the UK and the EU on 24 December 2020 opens up the possibility of changes to EU-derived employment law.  Last week the Government made clear that it has no current intentions to push through changes in the short term; longer term, the likelihood of changes depends both … Read more

UK Covid-19: round-up of recent changes concerning CJRS claims and lockdown rules

Employers claiming for furloughed employees under the Coronavirus Job Retention Scheme (CJRS) need to keep a close eye on deadlines. Monthly deadlines for claims must be now met unless an employer has a ‘reasonable excuse’ for a late claim (see here);  the next deadline is 15 February 2021.  More imminent is the deadline for applying … Read more

UK: short notice period undermines enforceability of covenants

The High Court judgment in Quilter Private Client Advisers Limited v Falconer highlights the risk that a short notice period, including during a probationary period, can undermine an employer’s argument that restrictive covenants should be held enforceable on the basis they are necessary to protect confidential information or customer connections.  The judgment also provides some … Read more

UK: EAT raises possibility of interim relief remedy for discriminatory dismissal claims

Currently interim relief is only available where an employee alleges that the principal reason for their dismissal is whistleblowing, trade union membership or certain employee representative activities; it is not available in discrimination cases – yet. If a tribunal decides that the employee’s claim is ‘likely to succeed’ (ie, has more than just a reasonable … Read more