Employment Espresso Pods: Return to work: Jabs, Tests & Psychedelic Zebras

We are delighted to launch a new podcast series: “Employment Espresso Pods” Join Herbert Smith Freehills’ Employment team for a coffee catch up as they discuss current hot topics impacting the employment sphere. In this, first episode, the team looks at returning to work in the UK following the Covid-19 pandemic. They tackle issues including … Read more

UK: ECJ clarifies when periods of standby are ‘working time’

Employers who engage workers on standby or on-call shifts will welcome the clarity provided by two recent European Court of Justice rulings.  The ECJ has ruled that on-call or standby time should not be viewed as working time under the Working Time Directive (relevant to calculating the maximum working week, rest breaks and rest periods) … Read more

UK: Supreme Court landmark ruling that contractual terms are not the starting point for determining worker status – instead, a purposive approach to the legislation should be taken

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

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