Category Archives: Employment Status

More Change in the “Gig Economy”

Developments in the ongoing ‘self-employed’ v ‘worker’ debate The well-known delivery company Hermes has just reached a deal with the GMB union to create a new “self-employed plus” status for its couriers. This new employment model has been created by Hermes to fix its troubled relationship with their numerous gig economy workers and comes after […]

Worker Status & the ‘Gig’ Economy: Addison Lee Drivers

This is another case in a long line of cases making their way through the Employment Tribunal system about the status of persons who are working in the ‘gig’ economy. This time it involves the drivers who work for Addison Lee. The Law There are currently three status that someone who works for you can […]

Does someone who provides services through a ‘service company’ have employment rights?

Can someone be an employee if they provide “services” through a service company? Yes, on the facts of the recent High Court case of Sprint Electric Ltd v Buyer’s Dream Ltd and another. The Law The law currently distinguishes between three categories of persons: • Employee. • Worker. • Self-employed independent contractor. The distinction in employment […]

Zero-Hour Contracts and Discrimination Rights

Can an employee compare their zero-hour contract with a full-time contract for the purposes of a part-time workers discrimination claim? In a recent case decided by the Employment Appeal Tribunal the question of zero-hour contracts and discrimination was considered. The case is Mr P Roddis v Sheffield Hallam University. The Law Part-Time workers, under the […]

Employment Status and the ‘Gig’ Economy

Pimlico Plumber’s Employment Status Those of you who listen to the podcast (The Employment Law and HR Podcast) will recall that I have previously reported on the high profile and important case being pursued by Uber drivers who are seeking to assert their rights as workers. This case is currently being appealed and there have […]

Employment Status: Hermes Investigation

Employee or Self-Employed Person? The parcel delivery service, Hermes, has recently come under scrutiny following complaints by its workers about their pay and working conditions. Hermes drivers are currently classified as self-employed persons meaning that they pay for their own costs of performing the job role and do not have the benefits and legal rights […]

Zero Hour Contracts: Is the end near?

Public Pressure To End Zero Hour Contracts As you may have heard in the news recently several companies who have been using zero hour contracts as standard for their staff have experienced negative publicity in the press and on social media and are now agreeing to change terms for their employees. The misuse of zero […]

Zero Hour Contracts – News

  Zero hour contracts and anti-avoidance Zero hour contracts have grown in popularity in recent years and are increasingly used by employers to provide flexibility of the workforce. As a result of their growth in popularity there are some employers who have been using zero hour contracts to avoid employee rights and there have been […]

Can an unpaid shareholder and director of a Company be an employee?

  What is the employment status of an unpaid Director & Shareholder? In order to qualify for most employment rights, including the right not to be unfairly dismissed, a person must first establish that they are an employee. Whilst this may be fairly obvious in most cases there are several previous cases where the Tribunal […]

When is a ‘Worker’ a ‘Worker’ for the purposes of employment law?

  Those of you who have listened to episode 6 of my Podcast will know that there are three types of legal status that a member of staff may have. These are: Employee Self-Employed Worker If you have not listened yet you can click here for iTunes, here for Stitcher or here to listen online. In […]

Worker Employment Status – LLP Member

A member of a Limited Liability partnership (LLP) can be a ‘Worker’ for the purposes of various employment rights according to a recent case decided in the Supreme Court. Worker status In recent years employment status of individuals has evolved. We started with two distinct relationships with staff; they were either a traditional employee or […]

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