Ryanair Case: Pilot found to be worker despite limited company arrangement
Written by Brabners LLP The recent decision in Ryanair DAC and Storm Global Ltd v Lutz [2023] is the latest case to examine self-employed status and to find that an individual is actually a worker, despite being treated as a limited company contractor. The Employment Appeal Tribunal (“EAT”) has found that Mr Lutz, a…
Spent Convictions: Reduced Timescales for Criminal Record Disclosure
Written by Brabners LLP The Law Under the Rehabilitation of Offenders Act 1974 (“ROA”), job applicants are not required to disclose “spent” convictions, although employers still have the right to ask applicants about any unspent convictions during the recruitment process. This is subject to a few limited exceptions for certain professions where spent convictions…
Key Changes to the Law on Holiday Pay and Working Time Regulations for Part-Year and Irregular Workers Set to Come Into Force
Written by JMW Solicitors LLP Following two consultations which took place earlier this year into holiday entitlement and pay calculations, the Government has now published its long-awaited response and has laid out proposals for key changes to the law on both holiday pay and the Working Time Regulations which are set to come into…
Holiday Pay – the latest development
Written by Brabners LLP On Wednesday 4 October 2023, the Supreme Court handed down its unanimous judgment in the case of Police Service of Northern Ireland v Agnew and Others (“Agnew”). The judgment could potentially increase the liability of businesses for historic underpayments of holiday pay, although in many cases this judgment will not…
The Workers (Predictable Terms and Conditions) Act 2023
Written by JMW Solicitors LLP The policy paper known as the ‘Good Work Plan’, published on 17th December 2018, addressed the Government’s strategies towards the future development of employment rights. One of the headline commitments was the introduction of the right to request a more stable contract for those on zero-hour or casual contracts of…
The Joint Employment model: why it doesn’t work
In 2021, the Freelancer & Contractor Services Association (FCSA) made a significant decision to remove the joint employment model from its Accreditation Codes. This move was driven by FCSA’s unwavering commitment to promoting transparency and fairness within the contracting industry. In this blog post, we will delve into why FCSA chose to take this stand,…
Worker Protection Bill Updated … Less Responsibility On Employers?
Written by JMW Solicitors LLP Background: The Worker Protection (Amendment of Equality Act 2010) Bill previously proposed new obligations on employers to prevent sexual harassment and third-party harassment of employees. In this context, a ‘third party’ means anyone other than the employer or one of its employees. In 2010, when the Equality Act came…
Menopause Discrimination in the Workplace
Written by Brabners LLP The recent Employment Tribunal case of Mrs M Lynskey v Direct Line Insurance [2023] highlights the difficulties an employer can face when trying to fairly manage a disabled employee who is failing to meet performance standards. In many cases severe menopausal symptoms could be classed as a disability. It is therefore…
AECOM Ltd v Mallon [2023]
The duty to make reasonable adjustments is aimed at levelling the playing field by ensuring that disabled persons are not placed at a substantial disadvantage when compared to their non-disabled counterparts. The recent Employment Appeal Tribunal (“EAT”) case of AECOM Ltd v Mallon [2023] demonstrates that employers need to be aware of the requirement to…
To what extent can Artificial Intelligence be used in recruitment processes?
The House of Commons released a research briefing on 11 August 2023 on Artificial Intelligence and Employment Law, which delved into the benefits and issues with the increased use of technology in respect of creating and managing employment relationships. Artificial Intelligence (“AI”) in its narrower sense, such as using speech recognition software, to perform a…