employment status

Tribunal finds workers, not just employees, are covered by TUPE

London Central employment tribunal has handed down a judgment in a TUPE case which, whilst not binding, is potentially hugely significant for employers. In Dewhurst and ors v (1) Revisecatch Limited t/a Ecourier (2) City Sprint (UK) Limited the tribunal was asked to determine the novel point whether the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to so-called ‘limb b’ workers within s.230(3)(b) of the Employment Rights Act 1996 (ie an individual who has entered into or works under a contract whereby the individual undertakes to do or perform personally any work or services for another party …

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Holiday pay: 12.07% formula should not be used for workers with no normal working hours

In a decision which potentially significantly impacts employers who engage workers under arrangements which do not have set normal working hours, the Court of Appeal has confirmed that holiday pay should not be calculated on the basis of 12.07% of hours worked but instead should be based on an average of earnings in the 12 weeks before leave is taken. As the crux of this case was whether workers who do not work throughout the year should receive less holiday entitlement and holiday pay than those who do, the decision will particularly affect businesses which engage workers who work less …

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Supreme Court decides “self-employed” plumber has worker status

Employment status remains one of the hottest topics in employment law this year. The Supreme Court has added to the debate today, handing down judgment in Pimlico Plumbers Ltd v Smith. The Supreme Court unanimously held that a plumber who was engaged as a “self-employed operative”  should in fact have been treated as a “worker” for employment rights purposes. Facts Smith worked as a plumber for Pimlico Plumbers Limited (Pimlico) for around 6 years. He was labelled as a “self-employed operative” and described in documentation as an independent contractor, in business on his own account.    Under the arrangements between the …

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Holiday and casual workers: the 12.07% formula challenged

A recent decision of the Employment Appeal Tribunal (EAT) casts doubt on the practice of employers fulfilling their obligations to allow paid annual leave to casual workers by providing for holiday accrual at the rate of 12.07% of hours worked. Facts Brazel was a part-time music teacher, retained on a zero hours contract.    She worked mostly during term-time and her hours fluctuated weekly.  She had a contractual right to 5.6 weeks’ paid holiday, mirroring her statutory right,  and she was required to take holiday during school holidays. By way of holiday pay, Brazel was paid 12.07% of the actual hours worked …

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Government publishes response to Taylor Review and four consultation papers

The Government has today published ‘Good Work’, its response to the Taylor Review which investigated what impact modern working practices are having on the world of work. The Taylor Review published its report in July 2017 and made wide-ranging recommendations regarding reforms of the law on agency work, paid holiday, sick pay, flexible working and employee representation. The review found that the strength of the UK’s labour market is built on flexibility but that a clearer focus is needed on quality of work as well as the quantity of jobs. The Government says that it will take forward all but …

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Taylor Review report into employment practices in the modern economy published

The Taylor Review’s final report on employment practices in the modern economy has been delivered to Government and published on 11 July 2017. The Review panel, chaired by Matthew Taylor, has made a number of recommendations for specific measures which the Review panel would like to see enacted as soon as possible, but also makes the case for longer term strategic shifts. As an overarching principle, the report issues a call to sign up to the ambition that all work will be good work as measured against six high level indicators of quality: wages; employment quality; education and training; working …

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