Will These Employment Cases Shape Law In 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.
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.
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: employment solicitors