Employment & Benefits, Lewis Silkin updates

United Kingdom

Contributed by Lewis Silkin
Trade union's Deliveroo judicial review challenge fails
  • United Kingdom
  • 09 January 2019

The High Court recently dismissed a judicial review challenge to a finding by the Central Arbitration Committee that Deliveroo riders are not workers. Although permission for judicial review had been granted on limited grounds, the judgment provides important guidance on what constitutes an employment relationship in the context of EU human rights law and emphatically endorses Deliveroo's position that riders are genuinely self-employed.

Court of Appeal holds employer liable for wrongful disclosure of personal data by rogue employee
  • United Kingdom
  • 02 January 2019

The High Court recently considered a case where an internal auditor from the supermarket chain Morrisons disclosed payroll data on the Internet relating to about 100,000 of his colleagues following an internal disciplinary process. The auditor was tracked down, charged and sentenced to eight years in prison. But was Morrisons liable to the employees whose information he had leaked?

Private sector must operate new IR35 rules for contractors from April 2020
  • United Kingdom
  • 19 December 2018

The chancellor recently confirmed that with effect from 6 April 2020, businesses in the private sector which engage 'contractors' (ie, individuals who supply their services via their own company or partnership (the intermediary)) will be responsible for determining whether the IR35 rules apply. If the business considers that IR35 applies, the person paying the intermediary will be responsible for operating pay-as-you-earn and national insurance contributions on the fees that it pays to the intermediary.

Employer NICs on termination payments delayed again
  • United Kingdom
  • 12 December 2018

The government's plan to make termination payments in excess of £30,000 subject to employer national insurance contributions has been delayed for a second time and will now take effect from April 2020. Initially this change was expected to be introduced from April 2018; however, the Autumn 2017 Budget announced that it would take effect from April 2019. The further delay is welcome news for employers as it will help to keep the costs of settlement payments down for another 12 months.

Court backs recruitment agency seeking to enforce non-solicitation and non-dealing clauses against former employee
  • United Kingdom
  • 05 December 2018

The High Court has awarded an interim injunction to Berry Recruitment Limited to prevent a former employee from soliciting and dealing with its clients and candidates. This case reinforces the fact that, in the right circumstances, recruitment businesses can enforce post-termination restrictions against employees without the trouble and expense of a full hearing.


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