Discover and read the best of Twitter Threads about #ukemplaw
Most recents (6)
The #SupremeCourt has rejected Pimlico Plumbers' appeal. Significant #gigeconomy case on whether person is a 'worker' (entitled to holiday, discrim protection, etc) or a mere contractor (entitled only to the terms of their contract). supremecourt.uk/cases/uksc-201… #ukemplaw (1/10)
Having said it’s significant, there’s not an awful lot of new law in there. It’s largely significant because this is (I think?) the first time in the recent spate of gig economy cases that the Supreme Court has got involved. (2/10)
There is, however, one nugget of note. There seems to now be a ‘dominant feature’ test when considering whether someone is a ‘worker’. (3/10)
1/ The Court of Appeal's judgment in Secretary of State for BEIS v Parry and Trustees of the William Jones's School Foundation is fascinating for a whole host of reasons, perhaps particularly a little bit of obiter thrown in at the end bailii.org/ew/cases/EWCA/… #ukemplaw
2/ First, unusually this was an appeal brought by a non-party to the original hearing and to the EAT appeal. All parties accepted (eventually) the CA had jurisdiction. The SoS had only appealed in shock and horror at an ultra vires ruling without being added as a party. 
3/ The case was a bit of a mess from the start. On the ET1 the unfair dismissal and arrears of pay boxes were ticked. In box 8.2 (the details of claim box) 'Please see attached' was written, but particulars of the wrong claim were attached. I believe the right emoji is 🤦♂️
1/ CA judgment was handed down today in Abertawe Bro Morgannwg University Local Health Board v Morgan. It'll be the go-to case for Claimants seeking a just and equitable extension of time under the Equality Act. #ukemplaw
2/ First, the Court deals with s.123(4), dismissing an argument by the Board that the date time runs from in an omission case must also be considered the date of breach.
3/ The CA then turns to the 'just and equitable' discretion, starting by restating the well known approach to the Limitation Act s.33 factors set out in Keeble and clarified in Afolabi as not being a checklist. Leggatt considers the position more closely analogous to s.7(5) HRA.
Sorry for the delay - got distracted by the day job. The first set of quarterly ET stats since the abolition of #ETfees in July are out, and here's a chart. 🤓 1/n
gov.uk/government/sta… #HR
gov.uk/government/sta… #HR
In Q2 2017/18, there were 7,042 single claims/cases, and 429 multiple claimant cases. That's a 66% increase in single claims/cases, compared to the previous quarter, and a 62% increase on the same Q in 2016/17. 2/n #ukemplaw
1/ Thread: The CJEU judgment in the holiday pay case of King v Sash Windows is out and is a 'must-read' for all #ukemplaw practitioners. curia.europa.eu/juris/document…
2/ As you'll know, Mr King worked for Sash Windows for 13 years and was never paid for taking annual leave. This meant some years he was reluctant to take it. #ukemplaw
3/ On retirement he brought a claim for (1) pay for holiday accrued but untaken in his final leave year; (2) pay for holiday taken throughout the 13 years; and (3) payment in lieu for accrued but untaken holiday throughout the 13 years.
London @Uber drivers are workers: summary & analysis of today’s Employment Appeal Tribunal decision #ukemplaw #gigwork Thread. 1/n
Headline story: EAT fully upholds Employment Tribunal’s findings from last November. @Uber drivers are workers, entitled to basic rights incl min wage judiciary.gov.uk/wp-content/upl… 2/n
Decision starts with useful summary of key points (see my earlier comments here: ) 3/n
