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Latest case on worker status: Excel Cycle Couriers
We report on the latest case where a major user of so called freelance staff has been caught out.
Background
Courier companies are currently the focus of attention when it comes to employment/worker status. City Sprint has been decided in favour of the workers. eCourier and Addison Leigh are next in line. Deliveroo is also facing an employment status challenge.
Perhaps unsurprisingly, this case, against Excel Cycle Couriers, case went in favour of the workers, holding that they were indeed workers and therefore entitled to holidays etc.
Expect this decision to be appealed.
Implications
Each case will be fact specific, but this one was decided on the following factors:
- 5 days work a week
- 9 hours work a day
- availability required at all times during working day
- time off or alternative hours had to be agreed
- workers had no say in amounts paid by clients
- rates of pay were fixed
- no risk taken in terms of damage in transit
- substitution made very difficult
Flexible working arrangements, such as hybrid work, flexitime, and compressed hours, have become increasingly desirable for employees looking to balance work and their personal lives. As of April 6th, 2024, UK employment law has undergone significant updates to empower employees with greater flexibility and control over their work lives.
Every April, the Government reviews and makes changes to employment laws, including a review of financial rates. Below we set out a summary of the proposed changes coming into effect in April and beyond.
Bullying in the workplace is a serious issue for workers (29% of whom will experience workplace bullying at some point1), and for employers (bullying is estimated to cost UK businesses £18 billion a year2 and to contribute to the loss of over 17 million working days each year3).
If you're an employee bringing a claim against your employer in an employment tribunal, you may be wondering who you should call as witnesses. Here are some things to consider when making your decision:
In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law. Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.
In an era of heightened data protection awareness and stringent regulations like the General Data Protection Regulation (GDPR), employees play a critical role in safeguarding personal data. This article explores the legal consequences that employees may face in the United Kingdom when implicated in data protection breaches at the workplace.
In recognition of the importance of employee well-being, employers in the UK are increasingly implementing well-being initiatives to support the mental health and overall well-being of their workforce. These initiatives, which can include employee assistance programs (EAPs) and wellness programs, aim to provide support, resources, and interventions that enhance employee well-being. This article explores the legal framework surrounding well-being initiatives in UK employment law and highlights the benefits and considerations for employers when implementing such programs.
Creating a safe and respectful work environment is a fundamental aspect of UK employment law. This article explores the legal obligations placed on employers to address workplace harassment, highlighting the measures they should take to promote a culture of respect and protect their employees' mental health.
In recent years, there has been increasing recognition of the importance of mental health in the workplace. Employment law acknowledges the sensitive nature of mental health disclosures and places obligations on employers to handle such disclosures with care, confidentiality, and without discrimination. This article explores the legal framework surrounding mental health disclosures in the workplace, emphasising the responsibilities employers have in safeguarding employee privacy and ensuring a supportive and inclusive environment.
The General Data Protection Regulation (GDPR) revolutionised the way organisations handle personal data, and for Human Resources (HR) departments in the United Kingdom, compliance is paramount. This article provides a comprehensive exploration of best practices for HR to safeguard employee data and ensure GDPR compliance in the workplace.