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Syndication

The Employment Tribunal decision on the status of Uber drivers

In this weeks' episode I follow up from Episode 61 when I brought you the details of a claim being considered in the London Central Employment Tribunal. The Judgement has been published and the outcome is that the Uber drivers in this case have been classified as workers.

In this episode I will cover:

  • Details about the case;
  • The differences in employment status;
  • What it means for the Uber drivers to be considered as workers;
  • The rights workers have;
  • What factors the Tribunal considered relevant in this case;
  • The potential wider impact of this case and why it is not over yet.

Action Points

  1. If you have 'self-employed' persons or consultants working for you, review the situation to ensure it is still a self-employed relationship;
  2. Seek advice if you are not sure about the legal status of the relationship;
  3. Sign up for my newsletter to ensure you get an update when the case is appealed;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

 Useful Links

Episode 61 - Uber case

Hermes Case

Direct download: episode_66_RELA.mp3
Category:general -- posted at: 11:23am EDT

Holiday Pay & Commission the Court of Appeal Decision: Episode 65

The Latest Update on the Holiday Pay Case of Lock v British Gas

In this weeks' episode I bring you the details of the latest installment in the long running case regarding payment of commission whilst on holiday and the interpretation of the working time regulations to decide how much pay an employee should receive when on holiday.

In this episode I will cover:

  • The background to European Law which governs holiday entitlement and holiday pay;
  • What the facts of this case are;
  • The reason why the case has been going on for so long;
  • The uncertainty for employers and what you can do in the interim;
  • My suggestions on how best to calculate holiday pay for staff who receive commission payments.

Resources

Case name: British Gas v Lock - Court of Appeal. You can read the full judgement for the case here

You can listen to previous episodes on the issue of holiday pay online episode 10 and episode 48

Action Points

  1. If you pay employees commission seek advice how best to ensure you are paying the correct amount when staff are on holiday;
  2. Subscribe to the podcast and Newsletter to ensure you get the updates when the case moves to the Supreme Court;
  3. Seek advice about your specific business issue;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

 

 Remember getting advice from a Solicitor need not be expensive or difficult!

Direct download: Episode_65_REAL.mp3
Category:general -- posted at: 4:49am EDT

Early Conciliation Timing: Episode 64

Does the Early Conciliation process apply to claims that happen after the certificate is issued?

In this weeks' episode I bring you the details of a case which has recently been decided by the Employment Appeal Tribunal regarding the Early Conciliation process which is mandatory in the majority of employment tribunal cases. In this case Mrs Morgan fulfilled the requirements of Early Conciliation and then resigned. Her employer, Compass Group,  argued that she could not rely on the earlier conciliation certificate when making a claim for constructive unfair dismissal.

In this episode I will cover:

  • The background to the Early Conciliation process and requirements;
  • How Early Conciliation works;
  • The facts of the case and why the employer argued that the employee had not fulfilled the Early Conciliation requirements;
  • Why the Employment Appeal Tribunal consider that a wide view should be taken of 'matter' when considering Early Conciliation;
  • Why you should take care in submitting your defence to a claim in the Employment Tribunal.

Resources

Case name: Compass Group v Morgan - Employment Appeal Tribunal. You can read the full judgement for the case here

You can start the ACAS Early Conciliation process here

Action Points

  1. If you receive a call from ACAS about Early Conciliation then you should give some meaningful thought to resolution;
  2. Seek advice before submitting your defence to a claim in the Employment Tribunal;
  3. Seek advice about your specific business issue;
  4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003

 

 Remember getting advice from a Solicitor need not be expensive or difficult!

 

 

Would you like advice about your situation?

Appointments are available on the telephone or via Skype throughout the UK.

Alternatively I offer face to face appointments on the Isle of Wight, in Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.

 


 

The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

Direct download: episode_64_RELA.mp3
Category:general -- posted at: 4:35am EDT

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