Resource Employment Law & HR Update - June 2021

Time to Call a Spade a Spade - Employment Status Exposed.

In recent times a myriad of models of working have developed, further complicating the already murky issue of whether an individual is an employee, a worker, or a self-employed independent contractor (SEIC). The "gig economy", where individuals are engaged by businesses on a flexible, ad hoc basis, has presented problems for determining employment status, both for the purposes of employment rights and tax liability. Names, labels and terminology can hinder not help. Is an individual a casual worker? Are they "on the bank"? Do they have a zero-hours contract? Are they an employee, a worker, a freelancer, a consultant, a contractor, a seasonal worker or an intern? And why does it matter anyway?

Read this three-part series for an in-depth analysis, by Victoria Notman (Legal Director Employment and HR), into the following key areas:

Part 1 - The three degrees: The hierarchy of employment rights and why the correct category counts.

Part 2 - "The irreducible minimum" : The here's how of who's who - an exploration of key case law.

Part 3 - Moving in the direction of greater worker protection: further tests and following Uber - the shift from contract to control.

Read on to learn more about the importance of calling a spade a spade... except where it's a five-pronged implement for manual digging!

Case Law Update

Jack Mitchell, Trainee Employment and HR Solicitor, gives an insight into a couple of key COVID-19 cases and a "little light relief" for employers facing discrimination claims.