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Employment Law Update

Brief Alerts

Brief Alerts

  • Sexual harassment - new Acas advice
  • Employment fee repayment scheme now open to everyone who paid a fee
  • Worker status: Uber leapfrog to the Supreme Court
  • Worker status: CAC rule that Deliveroo drivers are not workers
  • ONS survey: London has the largest gender pay gap
  • Apprenticeship numbers fall since introduction of levy

Sexual harassment - new Acas Code of Practice

The issue of sexual harassment is headline news following recent allegations involving high profile individuals in politics, film and business.

In response, Acas have issued timely guidance outlining what kind of workplace behaviours could be considered sexual harassment, dispels some common myths about whom it can happen to and provides guidance to employers about how to deal with current and historic allegations.

Read more information here

Employment fee repayment scheme now open to everyone who paid a fee

Following the short pilot scheme last month, HMCTS has now announced that any individual or organisation that has paid a fee in the Employment Tribunal or Employment Appeal Tribunal can now apply for a refund.

However, the scheme will not reimburse a party (typically an employer) who included a payment to compensate an employee for fees paid under the terms of a settlement or COT3 agreement.

To apply for a refund, click here and select the appropriate forms. 

Worker status: Uber attempt to appeal to the Supreme Court

Uber recently lost its appeal in the EAT against a finding that its drivers were workers rather than self-employed contractors and were therefore entitled to basic employment rights such as NMW, holiday pay etc. In an unusual move, Uber has sought leave to appeal directly to the Supreme Court, and effectively, leapfrog the Court of Appeal.

The Supreme Court is due to hear the appeal by Pimlico Plumbers against a finding that one of its plumbers was a worker rather than self-employed contractors. That case is due to be heard on 20 – 21 February 2018. If Uber’s application is successful, it is possible that its appeal will be heard at the same time.

Worker status: CAC rule that Deliveroo drivers are not workers

The Independent Workers’ Union of Great Britain recently failed in their application for recognition for collective bargaining in respect of riders for Deliveroo. 

The decisive factor was that the riders had a genuine right to substitute someone else to undertake the work both before and after they accepted a particular job. This meant that the riders did not undertake to personally do any work or provide services for another party which is a necessary element in the definition of “worker”.

As the Deliveroo decision is a determination by the CAC, there is no right of appeal. However, CAC decisions are not binding upon employment tribunals although they may have some persuasive value.

ONS survey: London has the largest gender pay gap

New analysis from the Office for National Statistics (ONS) has shown that London is the region with the biggest gender pay gap, on average, between male and female full-time workers in the UK, with the gap having changed very little over the last two decades.

You can read more here

Apprenticeship numbers fall since introduction of levy

The number of new apprenticeships has drastically fallen since the introduction of the apprenticeship levy. According to figures published by the Department for Education, only 48,000 people began apprenticeships between May and July 2017, compared to 117,800 people over the same period last year (a 59.3% decrease).

Intermediate apprenticeship numbers decreased the most (at 75%), while there was also a significant fall in those starting the most advanced training courses (48%).

You can read more here.

Published: 5 December 2017

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December 2017

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