Contracts of employment

Cycle courier was a 'worker'

The EAT reject an appeal by a courier company against a tribunal decision that one of its cycle couriers was a ‘worker’ entitled to paid holiday.

Continuing to work and affirmation of contractual changes

Employees who continued to work following their employer’s imposition of a pay freeze did not thereby agree to a variation of contract, despite the fact that their tribunal claim wasn’t begun until two years later.

Date when notice of termination is effective

Where a contract is silent on when notice takes effect, it is effective when it’s actually received by the employee and they have read it (or had a reasonable opportunity to do so).

Bonus didn't have to be paid during garden leave

There was no breach of contract where an employer refused to pay a minimum bonus during the employee’s period of garden leave. Against a background of declining revenues and the employee’s refusal to forgo his bonus, the decision to place him on garden leave was not irrational.

Unlawful deductions from wages in switch from weekly to monthly pay

Continuing to work and receive pay (and an employer loan) did not amount to acceptance of a unilaterally-imposed contractual variation.

Deliveroo couriers are self-employed

Riders for Deliveroo are not ‘workers’ but rather independent contractors according to a ruling by the Central Arbitration Committee.

Uber drivers are 'workers'

Drivers for Uber are ‘workers’ says the EAT. Dismissing Uber’s appeal, the EAT holds that the drivers worked for Uber as part of its business rather than there being any sort of agency relationship.

Exclusive jurisdiction clause was unenforceable

An exclusive jurisdiction clause in Ryanair cabin crew contracts, which stipulated that only the Irish courts had jurisdiction with regard to any claims made by Ryanair’s employees, was not enforceable.

Restructuring and impact on agreed flexible working pattern

An employer’s handling of a restructure which impacted upon an agreed flexible working pattern led to a successful constructive dismissal claim.

Plumber confirmed as 'worker'

Pimlico Plumbers v Smith

 

A plumber engaged by a London firm, Pimlico Plumbers and described as ‘self-employed’ was in fact a ‘worker’ says the Court of Appeal, upholding the original judgment of the employment tribunal.

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