UK Court of Appeal rejects challenge to Deliveroo riders’ self-employed status

The UK Court of Appeal has unanimously and emphatically rejected an appeal, based on novel human rights arguments, that Deliveroo riders were ‘workers’ for the purposes of the UK’s trade union recognition legislation. In November 2017, the Central Arbitration Committee (CAC) rejected an application from the Independent Workers Union of Great Britain (IWGB) for collective bargaining rights in respect of Deliveroo riders. The CAC ruled…

Gender critical beliefs are considered as philosophical beliefs in the UK

The UK Employment Appeal Tribunal has ruled that ‘gender critical’ beliefs are protected philosophical beliefs for equality law purposes, while confirming that a belief in ‘gender identity’ is also a protected characteristic. This means that it is unlawful to discriminate against someone because they do or do not hold either of those beliefs. Background to the case Maya Forstater was a consultant for CGD Europe, a not-for-profit…

EU immigration to the UK after Brexit: what you need to know about EU Settlement Scheme deadlines

The main post-Brexit EU Settlement Scheme (EUSS) deadline is looming on 30 June 2021, however there are other deadlines and considerations that applicants and their employers in the UK may not be aware of. In this article we highlight a selection of issues that relate to the main deadline, or that will start to have practical implications after 30 June 2021. Main EU Settlement Scheme…

Flexible working and the right to ask: a guide for employers in the UK

This article summarises the right to ask for flexible working in the UK and explains how discrimination law applies in this context. Introduction Employees seeking a better balance between the demands of work and personal life may seek a change in their working arrangements, for example, through part-time working, job-sharing or a change in working hours.   While there is no right to insist on working in…

Der „Brexit“ ist vollzogen: Was deutsche Arbeitgeber und UK-Arbeitnehmer nun beachten sollten

Nach langwierigen Verhandlungen um einen Brexit-Deal ist das Vereinigte Königreich mit Ablauf des 31. Januar 2020 aus der Europäischen Union ausgetreten. In unserer Blogbeiträgen vom 21. Februar 2020 und vom 28. November 2019 haben wir bereits über mögliche Konsequenzen des Brexit für Arbeitgeber und über den Aufenthalt und Arbeitsmarktzugang von UK-Staatsbürgern in Deutschland berichtet. Seit dem 1. Januar 2021 ist nun auch die sog. Übergangsphase,…

Detached Workers in the UK and the EU: What's new about social security contributions

In a welcome move last week, the EU notified the UK that all EU countries will apply the ‘detached workers’ exception to UK employees who are temporarily seconded to work in the EU. Similarly, the UK will apply the detached workers exception for EU employees who are temporarily seconded to work in the UK. This article reviews the latest position. Under the Social Security Co-ordination…

Long Covid: what implications does it have for employers in the UK?

This article explores the growing phenomenon of ‘Long Covid’: the continuation of serious symptoms and effects for a significant period after a person’s initial COVID-19 infection and illness. Is disability discrimination law likely to apply in this context in the UK and how should employers approach this issue?  The COVID-19 virus was first identified in China towards the end of 2019 and, a year or so…

Vaccination for COVID-19: can employers in the UK require their employees to be vaccinated?

With a vaccination against coronavirus in sight, many employers will understandably be eager to have their employees vaccinated in hope of their workplace finally returning to some form of normality. This article explores some of the legal issues.  Can employers provide the vaccination to their employees?   The government’s medical experts have published an outline of how any vaccine will be rolled out. It is clear…

What does the COVID-19 tier system mean for offices in England?

Regulations underpinning the 3-tier lockdown system are now in force in England, as part of the government’s efforts to step up its response to the pandemic. This article considers if the new regulations demand a stricter approach to office work and meetings. The current work from home guidance On 22 September, the government changed its guidance on office workers in England and advised that they…

Face coverings and the workplace: guidance from the UK

This article discusses the current rules regarding face coverings at work in the UK and some of the practical issues that arise for employers. At the end of August there were reports of a ‘debacle’ on a flight from the Greek island of Zante to Cardiff, which resulted in 193 passengers and crew facing two weeks‘ self-isolation. The incident prompts several questions, not just for…