In February, the Supreme Court upheld the Employment Tribunal’s decision that Uber’s drivers were workers for the purposes of the Employment Rights Act 1996, the Working Time Regulations 1998 and the National Minimum Wage Act 1998. In reaching this decision, the Court gave primacy to the intention of those statutory instruments rather than to the…

Employers may be familiar with the phrase ‘all reasonable steps’ and how taking such steps can provide them with a defence to a claim for against vicarious liability in the event that their employee unlawfully discriminates against another individual. The idea of reasonableness is a common theme in employment law and one that is particularly…

Post-employment restrictive covenants are a useful tool for employers who are concerned that exiting employees may misuse their knowledge of clients to further another business’s interests. However, the recent High Court decision in Quilter Private Client Advisers Ltd v Falconer and another highlights the difficulties employers can face when seeking to enforce them. The case…

IR35 applies if your contractor (or consultant) would be deemed an employee if they were engaged by you (the client) directly rather than through an intermediary. Under the current IR35 rules, if your contractor is engaged via an intermediary, in many cases their own personal service company (PSC), then that intermediary determines the contractor’s employment…

Our lives have all been impacted by the latest lockdown. While we all focus on dealing with the challenges that lockdown brings, it is easy to overlook other important changes. One such change to be aware of is the rules that govern the rights of EU citizens to live in the UK. To remain in…

Last week, the government published its policy paper on the Job Support Scheme. The scheme, which was initially intended to support employers who were able to continue employing staff on a proportion of their normal hours, has been extended to cover businesses who are forced to close as a result of local restrictions. There are…

Since the government announced the new tiered system for regional restrictions, the number of localised lockdowns has increased. The tiered system introduces minimum restrictions to be introduced and enforced depending on a region’s coronavirus risk level, however more stringent measures may be agreed with local authorities. While this system provides flexibility it also causes uncertainty…

On 27 September 2020, the Government announced new regulations regarding the requirement for individuals to self-isolate if they have been notified that someone they have been in close contact with has tested positive for Covid-19. Under the regulations, workers must notify their employers of the need to self-isolate and the expected end date of their…

On 31st October, the Coronavirus Job Retention Scheme will close. We had hoped for many this would have meant a return to work and perhaps even a little normality. However, with the government once again advising us to work from home and additional measures put into place for potentially the next six months, it seems…

From 1st September, grants under the Coronavirus Job Retention Scheme were reduced to cover only 70% of employee’s average salary. Furloughed employees are, however, still entitled to at least 80% their average earnings; the onus is therefore now on employers to top up the grant to ensure that the minimum is met. With a further…

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