News & Analysis as of

Independent Contractors Gig Economy United Kingdom

Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent... more +
Independent contractors are individuals or entities that perform work for other individuals or entities, but are not employees of those individuals or entities. Whether a worker is an employee or an independent contractor is not always an easy determination. However, due to differences in tax and liability treatment, misclassifying an employee as an independent contractor can have serious consequences. Autonomy is the defining feature of independent contractor arrangements. Independent contractors control the manner and method of how work is performed while payers control the desired result. Control over schedule and number of hours worked, ownership of equipment or tools, permanency of relationship, and acceptance of jobs from multiple entities are all possible factors in determining whether a worker is an employee or independent contractor.   less -
Morgan Lewis

Expansion of the UK Illegal Working Regime: New Requirements for Right to Work Checks

Morgan Lewis on

The UK government has announced plans to implement significant changes to the illegal working regime that would extend the requirement for right to work checks to businesses hiring gig economy and zero-hour workers. This move...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

No Entitlement to ‘Worker’ Rights When There Is a Power of Substitution, UK Supreme Court Rules

The United Kingdom is unusual in having an intermediate employment category—“worker”—that sits between “employee” and “independent contractor.” Workers have more rights than self-employed independent contractors, but fewer...more

BCLP

UK HR Two Minute Monthly: November 2023

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Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more

K&L Gates LLP

Holiday Pay Revisited: Gig Worker Entitled to Holiday Pay for Whole Period of Engagement

K&L Gates LLP on

Summary - In the latest of a long line of cases relating to the calculation of holiday pay, the Court of Appeal has given a very significant decision that will impact all employers who engage independent contractors....more

King & Spalding

Important Court of Appeal Decision on Historic Holiday Pay Claims

King & Spalding on

Key Takeaways for Employers - The UK’s Court of Appeal has issued a significant holiday pay decision, Smith v Pimlico Plumbers [2022] EWCA Civ 70, ruling that workers who were misclassified as independent contractors can...more

Latham & Watkins LLP

Working Out Worker Rights - What Recent Developments Mean for PE

Latham & Watkins LLP on

Worker classification, employee rights, and equal pay are among the issues that require careful consideration in light of recent and forthcoming changes. The COVID-19 pandemic, and the growing emphasis on ESG metrics...more

BCLP

UK Supreme Court’s decision on status of Uber drivers and its significance on gig economy

BCLP on

Over the past decade, the rapid technological advancement has led to the emergence of the so-called “gig economy”. This term often refers to a market system whereby platform companies engage temporary or freelance workers to...more

Vinson & Elkins LLP

UK Supreme Court Decides Uber Drivers Are “Workers” – Is This A Big Deal?

Vinson & Elkins LLP on

With Uber being the poster child of the gig economy, last week’s decision by the UK Supreme Court inevitably made waves when it dismissed the appeal in Uber v. Aslam and upheld an employment tribunal’s decision that Uber...more

McDermott Will & Schulte

UK Supreme Court Confirms That Uber Drivers Have “Worker” Rights

The UK Supreme Court has decided that Uber drivers are “workers” for UK employment law purposes. In reaching that decision, the Supreme Court unanimously upheld the decision of the original Employment Tribunal and agreed...more

Robins Kaplan LLP

Financial Daily Dose 2.19.2021 | Top Story: UK High Court Deems Uber Drivers “Employees”

Robins Kaplan LLP on

Britain’s Supreme Court dealt Uber a blow this morning when it ruled that “drivers must be classified as workers entitled to a minimum wage and vacation time.” The decision—a disaster for Uber in a dispute that reaches back...more

Robins Kaplan LLP

Financial Daily Dose 5.21.2020 | Top Story: Podcaster Joe Rogan Signs Spotify Deal Worth $100M

Robins Kaplan LLP on

Podcasting megastar (and, for me, “News Radio” jack-of-all-trades) Joe Rogan has signed a multiyear deal to bring his “Joe Rogan Experience” show to Spotify, an agreement that “could be worth more than $100 million based on...more

Robins Kaplan LLP

Financial Daily Dose 9.10.2019 | Top Story: Activist Investor Singer Discloses Stake in AT&T and Pushes for Change

Robins Kaplan LLP on

Paul Singer’s Elliott Management hedge fund revealed a $3.2 billion stake in AT&T and, along with it, a healthy-skepticism of the company’s 2018 purchase of Time Warner and general calls to divest as part of a 24-page letter...more

BCLP

Recharacterization of the Relationship Between a Delivery Driver and a Digital Platform as an Employment Agreement

BCLP on

In a judgment dated 28 November 2018, the French Supreme Court (Cour de Cassation) ruled for the first time on the characterization of the agreement between a delivery driver and a digital platform. The French Supreme Court...more

Orrick, Herrington & Sutcliffe LLP

The Good Work Plan

On 17 December 2018, the UK government released the “Good Work Plan,” which sets out its vision for the future of the UK labour market....more

Hogan Lovells

Employment news - January 2019

Hogan Lovells on

Yeah but no but – Government response to sexual harassment report - The government's response to the Women and Equalities Select Committee report on sexual harassment in the workplace was published just before Christmas. ...more

Fisher Phillips

UK Workplace Reforms Will Impact—But Not Disrupt—The Gig Economy

Fisher Phillips on

The British government announced workplace reforms yesterday (which include new legislation) that will impact employers including gig economy companies, although the reforms do not seek a “radical reworking of existing...more

Dorsey & Whitney LLP

Addison Lee Ltd v Lange and Ors

Dorsey & Whitney LLP on

In another case exploring the fringes of the employment relationship in the “gig economy”, the UK Employment Appeal Tribunal (EAT) has held that three drivers for taxi company Addison Lee Ltd were “workers” for the purpose of...more

Hogan Lovells

Employment news - November 2018 #2

Hogan Lovells on

Direction of travel – private hire drivers were workers - In Addison Lee Ltd v Lange, the EAT confirmed the current direction of travel in "gig economy" cases by finding that private hire drivers were workers and as such...more

Littler

UK Supreme Court Finds Leaks in Pimlico's Independent Contractor Model

Littler on

The United Kingdom Supreme Court recently held that an individual who worked for Pimlico Plumbers as an “independent contractor” was in fact a “worker.” Pimlico Plumbers Ltd and another v Gary Smith [2018] UKSC 29....more

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: The Latest on the Gig Economy, When Are Contractual Variations Accepted, and Can Accepted Breaches Be...

U.K. Supreme Court: The Latest on Employment Status in the “Gig” Economy - In the latest high profile “gig” economy decision, the U.K. Supreme Court has held in Pimlico Plumbers Ltd & another v Smith [2018] UKSC 29 that Mr...more

Fisher Phillips

U.K. Court Rules in Favor of Worker Status in Gig Economy Case

Fisher Phillips on

When are gig workers not independent contractors? A case decided earlier this month by Britain’s highest court may help to answer that question. The case involved a man named Gary Smith who worked as a contractor for...more

Hogan Lovells

Employment news - May 2018

Hogan Lovells on

No need to know that reason for unfavourable treatment arises from disability - Employees can only succeed with a claim of unfavourable treatment arising from a disability if the employer knows that they have a disability....more

Fisher Phillips

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more

Orrick - Employment Law and Litigation

Good Work If You Can Get It: UK Government’s Response to Modern Working Proposals

Some seven months after the publication of Matthew Taylor’s independent ‘Review of Modern Working Practices’, the UK Government has finally issued its response to the Taylor proposals: the “Good Work” response (the...more

Fisher Phillips

November 2017: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more

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