Welcome to our November employment law bulletin.
November's cases include another "gig economy" decision, this time in the EAT, suggesting again that the courts will look behind the wording of a written contract to examine the reality of working arrangements. In Addison Lee v Lange and others, so-called "independent contractor" private hire drivers were found to be workers.
The EAT held in Awan v ICTS UK Ltd that an employer was in breach of contract when dismissing an employee who had been off sick for two years for incapability as he was entitled to long-term disability benefits if he continued to be employed.
In George v London Borough of Brent, the EAT has clarified that it is unfair for an employer not to offer a trial period for an alternative role when a contractual redundancy policy includes such a right.
The Court of Appeal held in Pinaud v British Airways that a part time member of air crew had, on the face of it, been discriminated against on the grounds of her part-time status as she was required to be available for work for more than 50% of the time but received only 50% of full time pay.
To view the full article please click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
