header-logo header-logo

Employment law brief: 11 June 2021

11 June 2021 / Ian Smith
Issue: 7936 / Categories: Features , Employment , Tribunals
printer mail-detail
50760
Ian Smith investigates a gap in protection for workers in the ‘gig economy’
  • The worker definition and the relevance of mutuality of obligations.
  • Compensation for indirect discrimination is compatible with Convention rights.
  • Disability likely to last 12 months or recur—a question of timing.

Unusually, the major item of news this last month has been a relatively quick legislative reaction to a serious criticism of the existing law in a decision of the High Court. This was the successful challenge in Independent Workers Union of Great Britain v Secretary of State for Work and Pensions [2021] IRLR 102 to the restriction of the protection of the Employment Rights Act 1996, s 44 (health and safety detriment) to ‘employees’; the point behind the challenge was that in the ‘gig economy’ there was a gap in protection for those who are workers but not employees, especially in relation to the COVID pandemic. It was held that this restriction was contrary to the backing of health and safety directives. The government

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll