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Independent Contractors UK Supreme Court

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

No Entitlement to ‘Worker’ Rights When There Is a Power of Substitution, UK Supreme Court Rules

The United Kingdom is unusual in having an intermediate employment category—“worker”—that sits between “employee” and “independent contractor.” Workers have more rights than self-employed independent contractors, but fewer...more

BCLP

UK HR Two Minute Monthly: November 2023

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Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more

Littler

Littler Global Guide - United Kingdom - Q4 2021

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Striking Workers Are Protected from Suffering Detriment - Precedential Decision by Judiciary or Regulatory Agency - On November 18, 2021, the Employment Appeal Tribunal (EAT) confirmed that workers who take part in...more

Vinson & Elkins LLP

Fourth Time Unlucky? Substitution Clauses And The Ongoing Saga Of Deliveroo’s Workers’ Rights

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The ‘gig’ economy has been the subject of much commentary in recent times, particularly with regard to the legal status of its workers. As we reported recently, the UK Supreme Court’s ruling that Uber BV’s (“Uber”) drivers...more

BCLP

UK Supreme Court’s decision on status of Uber drivers and its significance on gig economy

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Over the past decade, the rapid technological advancement has led to the emergence of the so-called “gig economy”. This term often refers to a market system whereby platform companies engage temporary or freelance workers to...more

Vinson & Elkins LLP

ESG’s Role In Deliveroo’s Rocky IPO

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Lockdowns have fueled a surge in food-delivery businesses, so the initial public offering (“IPO”) of Deliveroo plc (“Deliveroo”) — a UK equivalent to DoorDash Inc. — on the London Stock Exchange was highly anticipated. But on...more

Epstein Becker & Green

UK Supreme Court Gives Uber Drivers Five Star Rating (and Workers’ Benefits and Entitlements)

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On February 19, 2021, in a landmark decision that may have lasting effects on the gig economy, the United Kingdom Supreme Court unanimously ruled that Uber drivers are workers and are not self-employed contractors, and, as...more

Vinson & Elkins LLP

UK Supreme Court Decides Uber Drivers Are “Workers” – Is This A Big Deal?

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With Uber being the poster child of the gig economy, last week’s decision by the UK Supreme Court inevitably made waves when it dismissed the appeal in Uber v. Aslam and upheld an employment tribunal’s decision that Uber...more

McDermott Will & Emery

UK Supreme Court Confirms That Uber Drivers Have “Worker” Rights

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The UK Supreme Court has decided that Uber drivers are “workers” for UK employment law purposes. In reaching that decision, the Supreme Court unanimously upheld the decision of the original Employment Tribunal and agreed...more

Littler

Littler Global Guide - United Kingdom - Q2 2018

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Data Protection Act 2018 Enacted - New Legislation Enacted - Effective May 25, 2018, the UK Data Protection Act transposes the EU General Data Protection Regulation (GDPR) into UK law, thereby replacing the Data...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

UK Supreme Court confirms worker rights for “contractor” plumber

In Pimlico Plumbers Limited and another v Smith, the Supreme Court has confirmed that the Employment Tribunal was entitled to conclude that Gary Smith, who worked under a contract that described him as an independent...more

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