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TUPE: Impact of Fragmentation

[responsivevoice_button voice=”UK English Female” buttontext=”Listen to Post”] Should a tribunal that is considering whether there has been a TUPE transfer after a service provision change, clearly identify the ‘relevant activities’...

Worker Status: Uber Drivers are ‘Workers’

Did the tribunal disregard the basic principles of agency law when finding that Uber drivers were workers? No, held the EAT in Uber BV v Aslam. The EAT agreed with the tribunal that when the Uber app was switched on, Uber drivers were workers for the purposes of their...

Minimum Wage Increase

The National Minimum Wage (Amendment) Regulations 2018 have been laid before parliament. They provide for the annual increase to the minimum wage and national living wage with effect from 1 April 2018 as follows:- • 25+ – £7.83 (previously £7.50) • 21-24 –...

Working Time: Time Spent ‘On Call’ at Home

Can stand-by time spent at home but within 8 minutes travel of a workplace be ‘working time’? Yes, held the CJEU, in Ville de Nivelles v Matzak. The Claimant had served as a volunteer retained firefighter for the Belgian town of Nivelles since 1980. Whilst...

Calculating Holiday Pay for Term Time Workers

Can holiday pay for term-time workers be capped at 12.07% of pay under the Working Time Regulations? No, held the EAT in Brazel v The Harpur Trust, upholding a visiting music teacher’s appeal on the approach to calculating her holiday pay. The Claimant worked at...