Employment News - May 2017 #1

Self-employment and the gig economy laid bare – Parliamentary Committee calls for changes to employment status

The Work and Pensions Parliamentary Committee inquiry into self-employment and the gig economy has published its findings. The hard-hitting Report concludes that there should be a presumption of "worker" status, placing the burden of proof of self-employment on the "employer".

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Not immediately obvious – Tribunal should have assessed motives behind maternity leave discrimination

The EAT in Interserve FM Limited v Tuleikyte decided that a Tribunal had incorrectly applied the test for maternity leave discrimination. The Tribunal had found that the employer's policy of treating as leavers any employees who had not received any pay for three months was discriminatory, without considering the thought processes behind the policy.

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Read my lips – employee's resignation was unambiguous

In Ogilvie Construction Ltd v Brown the EAT rejected the employer's appeal against a finding of constructive unfair dismissal. The employer had argued that the claimant had not resigned but the EAT concluded that the surrounding circumstances all supported the fact that there had been an unambiguous resignation. 

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