Employment status: employed or self-employed?
New ways of working, including the gig-economy, has led to confusion over the employment status of workers. Here’s how to determine the employment status of your workforce.
employment law
Is a surrogate mother entitled to maternity leave?
Yes, according to a recent case, reports Lucy Boyle of 12 King’s Bench Walk Chambers for the Employment Law Bulletin. A surrogate mother denied maternity leave on the grounds that she did not give birth to or adopt her child has won her claim against her employer at an employment tribunal. The Advocate-General suggested that … Read more
How to avoid unfair dismissal claims when employees “blow the whistle”
Negative attitudes towards whistleblowing are destructive, and can have costly consequences in an employment tribunal setting.
People planning for 2023
Let’s explore the issues likely to impact your people planning in 2023, and identify ways in which employers can respond to these challenges.
Constructive dismissal in Galang v Kestrel Grove Nursing Home
Galang v Kestrel Grove Nursing Home – the claimant returned to work following absence due to suspected COVID-19, and was shouted at by his manager and accused of lying and falsifying sick notes.
Uber v Aslam in the Supreme Court – Decision
The highly publicised case of Uber v Aslam has now received its final appeal ruling. In a unanimous decision, the Supreme Court has endorsed the Employment Tribunal findings that the claimant drivers should be classified as ‘workers’ rather than self employed
The Uber driver decision and what it means for the “gig economy”
Back in September we explored the subject of employment status and the difference between workers, self-employed and employed people. At that time, an employment tribunal was taking place between Uber and two of it’s drivers, James Farrar and Yaseen Aslam. The drivers were employed on a self-employed basis but they argued that they should be … Read more
5 pitfalls to avoid when hiring a new member of staff
Hiring a new member of staff can be a lengthy and expensive process. There’s the cost of placing the advert itself, the time it takes to sift through the CVs, interview candidates, draft contractual documentation and obtain references. Since you’ve invested this effort the last thing you want is to fall foul of any potential … Read more
Disability harassment
A recent case, in which a line manger made inappropriate comments during a return-to-work interview, has highlighted the importance of equal opportunities training and the need for clear and concise equality and diversity policies. Inappropriate comments PC Gardner, who had been absent from work for six weeks with stress and insomnia, attended a return-to-work interview … Read more
