The Court of Appeal concluded, by a 2:1 majority, that although the contractual documentation indicated the Uber drivers were self-employed, they were workers and therefore entitled to national minimum wage (NMW), paid holiday and whistleblower protection.
The Government is considering proposals to help parents and carers in the workforce, including creating a duty on employers to consider whether a role may be done flexibly, and making this clear when advertising the role.
The Government has launched a consultation asking for views on taking forward its manifesto commitment that large employers should publish ethnicity pay data. The consultation closes on 11 January 2019.
IR35 reforms – The off-payroll working rules currently applying to the public sector will be extended to large and medium-sized businesses in the private sector from April 2020. IR35 aims to combat tax avoidance by workers supplying their services to clients via personal service companies (PSC).
The Employment Appeal Tribunal has confirmed that an employee can claim victimisation if they act honestly, even if the discrimination allegation they made was made for an ulterior motive.
The Court of Appeal decided that a serious assault by the company’s managing director at spontaneous post-Christmas party drinks which resulted in an employee suffering brain damage was sufficiently connected to the managing director’s job for the company to be vicariously liable for the employee’s injury.
The Court of Appeal has found that supermarket chain Morrisons was vicariously liable for the actions of a rogue employee who, driven by a grudge against the company, took payroll data relating to 100,000 employees and published it online.
The government has published a technical notice on workplace rights in the event of a no-deal Brexit
Draft legislation has been published to implement a package of corporate governance reforms aimed at increasing boardroom accountability
The Court of Appeal has considered whether discrimination arising as a result of disability occurred where the employer dismissed a disabled employee without knowing that the misconduct arose from their disability.