Employment Law

The London Employment Tribunal recently decided that drivers working for the taxi hailing app Uber fell fully within the definition of a ‘worker’ for purposes of the Employment Rights Act 1996. They dismissed as ‘faintly ridiculous’ Uber’s assertion that the drivers were self-employed contractors. UK employment law provides for different levels of protection, depending on […]

Research published this week by the conciliation service, Acas, suggests that some UK employers’ attitudes towards people with tattoos are becoming outdated – and those employers are missing out on talent. In recent years tattoos have broken into the mainstream and become much more common. A 2015 YouGov poll suggested that young people in the […]

There are a number of dates you might want to save for April 2018: the Commonwealth Games in Australia, the Rugby World Cup Sevens in San Francisco or the Grand National at Aintree. What you perhaps didn’t know is that in April 2018, draft legislation concerning changes to the taxation of termination payments is intended […]

I recently posted a blog on restrictive covenants and the government’s view that they may be stifling competition.  This question has to be debated and resolved but for now restrictive covenants remain part of the employment landscape. I regularly advise individuals who are leaving a business but in contrast not many seem to take advice […]

In light of recent headlines regarding Nicola Thorp, a Receptionist sent home from work without pay after refusing to wear high heels, many employers may be looking to review the dress code requirements they set for their staff. Ms Thorp’s case shows that where a dress code is perceived to be discriminatory, an employer may […]

A recent government press release from the Department for Business Innovation and Skills (DBIS) has pledged to act on non-competition and non-solicitation clauses (restrictive covenants) that could be stifling British innovation.  The press release is also a call for evidence from businesses and entrepreneurs in respect of such rules.  It is part of the stated […]

. . .and, it seems, he may have every right to do so. . . If only it was that simple.  In fact, monitoring in the workplace (for example, CCTV and emails) raises a host of legal issues under: the Data Protection Act 1998 the Code of Practice issued by the Information Commission’s Office (ICO) […]

At the top end of football and rugby, salaries are on the climb due to lucrative TV deals and profitable club sponsorshipIn fact, where fast cars, flashy lifestyles and eye watering salaries appear the norm, it may come as surprise to some that not all is as it seems in the world of sport. Recent […]

The position taken by HMRC that an employer must continue to provide childcare vouchers as part of a salary sacrifice scheme during an employee’s maternity leave has been challenged by the Employment Appeal Tribunal (EAT) in the recent case of Peninsula Business Services v Donaldson. The Maternity and Parental Leave Regulations 1999 (MPLR) state that […]

The Employment Appeal Tribunal (EAT) has upheld the finding of the employment tribunal in the case of Lock v British Gas Trading Limited that the Working Time Regulations 1998 (WTR) can and should be read to require employers to include commission paid to workers when calculating the rate of pay for a worker’s “European” holiday […]

In the recent landmark case of Bărbulescu v Romania, the European Court of Human Rights held that there was no violation of Article 8 of the European Convention on Human Rights (the right to respect for private and family life, the home and correspondence) when an employee had been dismissed for using the company’s internet […]

A recent post match interview saw West Indian cricketer star Chris Gayle make sexist comments to Mel McLaughlin, a Network Ten sports reporter. After his impressive performance in the game, Gayle was asked about his big-hitting style to which he replied “To see your eyes for the first time is nice. Hopefully we can have […]