Employment Status: Recent Episodes
Alison Colley
An update on the Law and best practice for managing and recruiting staff and for dealing with any issues that may arise. An easy to listen to legal and practical update.
How can you preserve your employment rights as a director and employee? In recent weeks we have been advising several directors (who also happen to be shareholders) of companies where there has been some sort of fall out with fellow directors (and shareholders) leading to that person being dismissed from their role as director and in turn their employment.
This Employment Tribunal case illustrates why it is important for businesses to set out terms in writing in advance of someone starting workIn this episode 213 of the podcast I bring you a summary of a case that was decided by the Watford Employment Tribunal in regards to the issue of the status of the aggrieved. The case is Guler v Newman Law LLP.
In this episode of the podcast we cover:
- Why businesses need to ensure that agreed terms are set out in writing at the outset.
- How the Employment Tribunal made a determination of Mr Guler's status.
- Why the Employment Tribunal decided that Mr Guler was a worker.
- The issues that can arise about status and remuneration if you do not set out the terms in writing.
Case Reference You can read the full judgement here: https://assets.publishing.service.gov.uk/media/64db5181c8dee400127f1c68/Mr_A_Guler_-v-Newman_Law_LLP-3304221-2022_-_Written_Reasons.pdf
Training for your TeamWould you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real ExpertsAs part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
What is the difference between a 'Worker' and a 'Self-Employed' person? In this episode of the podcast I cover the recent high profile case against Pimlico Plumbers in the Supreme Court. This is just one of many cases making the way through the Tribunal and Court system concerning the new 'gig' economy workers and establishing their legal status. In this episode I will cover: * The background to the case. * The facts of the case. * What you need to know about the 'gig' economy and 'worker' status. * Summary of the key points. * Why this is an area where there will undoubtedly be legislation to clarify the position shortly.
Action Points 1. Ensure that if you use' workers' or 'self-employed' consultants that you understand how to determine their legal status; 2. Ensure you understand the risks of getting it wrong; 3. Ensure that you stay up to date with employment law developments by signing up to our free fortnightly newsletter.
Useful Links You can read the full case here: http://www.bailii.org/uk/cases/UKSC/2018/29.html
Watch the Supreme Court Judgement here: https://www.supremecourt.uk/watch/uksc-2017-0053/judgment.html
Podcast Episodes 61 & 66 re Uber case
Section 230 Employment Rights Act 1996
The Taylor Review: Read the full report here
Governments response to the Taylor Review here
As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion - alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour
Don't forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006
Photo by Alex Block on Unsplash
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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.
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Is a cycle courier a self-employed person or a worker? This weeks' episode is about one of four cases that are making their way through the London Central Employment Tribunal on the issue of the status of workers. In this case Mr Boxer, who is a cycle courier, has asserted that he is a 'worker' rather than a self-employed person and is therefore entitled to holiday pay, and other benefits.
In this episode I will cover: * The facts of the case; * Why the Employment Tribunal have decided in Mr Boxer's favour; * What the significance of this case is; * Why there are several of these cases ongoing at the moment; * Why I predict that there will be legislation on this area in the near future to set guidelines to easier establish the status of certain workers in the 'gig' economy.
Action Points 1. If you have any 'self-employed' contractors or persons working for you seek advice to clarify that they would be classed as 'self-employed' if a dispute arose; 2. Seek advice and assistance if you are unsure of what to do; 3. Subscribe for updates to ensure you are aware of the latest legal position as it changes; 4. I can help with all of the points above so why not give me a call and let an expert take care of it for you 023 8098 2006 or 01983 897003.
Useful Links & Case References Boxer v Excel Group Services Limited - London Central Employment Tribunal
Uber Case - Another self-employed v Worker status case - Episode 66
Employment Status and the Gig Economy
Employed or Self-Employed - Episode 61
Sign up for my fortnightly newsletter Email Address *
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* indicates required
Please do not worry I will not send you spam!
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.
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 (below) 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
Sign up for my fortnightly newsletter (next newsletter Monday 7th November 2016) Email Address *
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* indicates required
Please do not worry I will not send you spam!
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.
The Employment Tribunal hears a case by Uber drivers claiming to be employees In this weeks' episode I bring you the details of a case that has just been heard by the Central London Employment Tribunal involving Uber drivers and their claim to be employees. If they are successful it will mean they and thousands of other drivers will be entitled to a number of employment benefits. It could also have wider implications for businesses who utilise staff services in a similar way. The Employment Tribunal have not issued their judgement yet and I will report on this again when the outcome is known.
In this episode I will cover: * Details that are known about the case; * Why it is important for the Uber drivers to be employees rather than self-employed persons; * What factors the Tribunal will consider when deciding if someone is an employee, worker or self-employed person; * What the top three factors are in deciding if someone is an employee; * Why more businesses are starting to use 'self-employed' contracts; * Why you should take care when deciding what 'label' to place on your relationship with staff.
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 (below) to ensure you get an update when the outcome is released; 4. Give me a call if you want to talk through 023 8098 2006 or 01983 897003
Sign up for my fortnightly newsletter (next newsletter Monday 15th August 2016) Email Address *
First Name
Last Name
* indicates required
Please do not worry I will not send you spam!
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.