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Author Archives: Darren Newman
Why Uber lost in the Employment Tribunal
Uber drivers are not employees and don’t let anyone tell you different. On the other hand, in Aslam & others v Uber BV and others the Tribunal did hold that they were ‘workers’. Being a worker is different from being an employee. … Continue reading
Posted in Employment status, Uncategorized
Tagged drivers, employees, gig economy, uber, workers
4 Comments
Theresa May is Reviewing the Situation
This week sees the Conservative Party Conference and it is pretty clear that part of the PM’s strategy is to position the Tories as the natural home of those who care about fairness and social justice but think that Jeremy … Continue reading
Posted in Employment status
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Deliveroo, the ‘gig’ economy and employment rights
Can it really be that Deliveroo has a clause in its couriers’ contracts forbidding them from challenging their status in the Employment Tribunal? It seems that part of the agreement that a courier signs provides: “You further warrant that neither you … Continue reading
Posted in Uncategorized
5 Comments
BREXIT and strike ballots.
This is not a post about the employment law implications of Brexit. Obviously there are plenty of those out there – and I’m sure I’ll be writing a few over the weeks months and years that follow. I suspect that … Continue reading
Posted in BREXIT, EU law, Industrial action, Trade Union Bill
Tagged ballot thresholds, industrial action ballots, turnout
1 Comment
New Zealand bans zero hours contracts? Not exactly….
So New Zealand has banned zero-hours contracts. As Jeremy Corbyn says… Zero-hour contracts have been banned in New Zealand – look what's possible when you put your mind to it https://t.co/gfAI44Pb96 — Jeremy Corbyn (@jeremycorbyn) March 11, 2016 Obviously I … Continue reading
‘Bosses Free to Spy on Emails’? Well no, not really
Sometimes even a rather routine employment law case can capture the imagination of the press and become a big story. This week the European Court of Human Rights found that there was no breach of Article 8 (respect for private … Continue reading
Junior Doctors and the Trade Union Bill
Barring a dramatic development (such as a legal challenge), tomorrow’s strike of junior doctors is going to go ahead. In fact it cannot be postponed because eight weeks has now passed since the ballot was held and after that period is … Continue reading
Posted in Industrial action, Trade Union Bill
Tagged conservative manifesto, FBU, firefighters, junior doctors, NUT, RMT, strike ballots
1 Comment
USA v Nolan: Why America must be kicking itself
SCENE: INTERIOR USA COMMAND BUNKER Dozens of generals and CIA types sit around a huge table. Uniformed flunkies are busying themselves in the background, carrying messages, whispering in the ears of the great men who have gathered to meet the … Continue reading
Posted in case law, EU law, Redundancy Consultation, Wages
Tagged s.188, state immunity, TULR(C) Act, USA v Nolan
3 Comments
The Trade Union Bill 2015 – a step too far
The new Trade Union Bill seeks to fight battles that, in reality, were won 20 years ago. There is a danger that all it will do is stir up anger and resentment in the trade union movement – and perhaps that is … Continue reading