Ms Hazel Oliver

Hazel Oliver


Employment & Benefits

Failing to enhance pay for shared parental leave is not sex discrimination
United Kingdom | 10 July 2019

In an emphatic judgment, the Court of Appeal has ruled that it is not direct discrimination, indirect discrimination or a breach of equal pay rights to provide enhanced pay for maternity leave and statutory pay only for shared parental leave (SPL). This judgment is good news for employers, as it sends a clear message that it is lawful to enhance maternity pay but provide statutory pay only for SPL.

Court of Appeal rejects Uber's worker status appeal
United Kingdom | 30 January 2019

The Court of Appeal recently upheld the Employment Appeal Tribunal's ruling that drivers engaged by Uber are workers rather than independent contractors. The majority also upheld the employment tribunal's finding that drivers are working when they are signed into the Uber app and ready to work. Doubt arose from the fact that a driver could have other rival apps switched on at the same time, in which case it was arguable that they were not at Uber's disposal until having accepted a trip.

Supreme Court confirms Pimlico Plumbers are workers
United Kingdom | 11 July 2018

In the latest major development in a series of cases on employment status, the Supreme Court rejected an appeal by Pimlico Plumbers and confirmed that a self-employed plumber should have been classed as a worker. In a unanimous judgment, the court upheld the previous decisions, ruling that the employment tribunal had been entitled to find that the plumber was a worker and that he was in employment for the purposes of protection from discrimination.

Supreme Court clarifies indirect discrimination test
United Kingdom | 03 May 2017

In two recent decisions, the Supreme Court gave a clear explanation of how the test for indirect discrimination works and decided that it is not necessary to explain why a provision, criterion or practice disadvantages a particular group in order to show indirect discrimination. This decision is not particularly helpful for employers as it makes it somewhat easier for individuals to make an indirect discrimination claim. However, the news is not all bad.