News & articles

Will These Employment Cases Shape Law In 2018?

January 7th, 2018

As employment solicitors, we’re always looking to the latest case law to inform how we act on behalf of both employers and employees. To mark the turn of the year, we’re looking at some of the cases from last year that Personnel Today believe will shape employment law in the coming year.

 

Gig economy

Aslam and others v Uber BV and others

The role of the work in the gig economy is proving a headache for many tech firms and start-ups, but none more than Uber, whose claims that its drivers are self-employed and not workers. Drivers proved they were not self-employed last year, Uber’s case will be reheard by the Court of Appeal in 2018 at some point. Worker status would entitle drivers to have basic worker rights including minimum wage and paid annual leave.

 

Shared parental leave

Ali v Capita Customer Management Ltd Hextall v Chief Constable of Leicestershire Police

Shared leave for parents was introduced in April 2015, but has not worked out so far down to individual employers, as there is no legal requirement to enhance shared parental leave in the same way that they do maternity leave. These cases see male workers claiming they have been discriminated against by employers for their sex.

 

Holiday cases

The Sash Window Workshop Ltd and another v King Shannon v Rampersad and another t/a Clifton House Residential Home

Another issue for ‘self-employed’ workers, regarding holidays and whether they should ‘carry over’ and the limitations of historic non-payment where this is involved.

Tags:

Let's talk 01494 773377   |   hello@lennonssolicitors.co.uk   |   Free online enquiry