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PRACTICE NOTES
This case tracker contains a selection of significant employment judgments handed down in 2018. Information relating to ongoing cases of significance can be found in Practice Note: Case tracker—Employment. Links to Employment news analysis reports are included where they are available. The Lexis®+ UK Employment team is always pleased to receive details of other cases that may be of interest to subscribers. Please use the 'Contact Us' button above and the Lexis®Ask function to send us details. Case Name Citation Topic Court and Judgment Date History STATUS AND WORKER CATEGORIES Kowal v The Doctors Laboratory 2200444/2017, 2200445/2017, 2200446/2017, 2200447/2017, 2200448/2017 EMPLOYMENT STATUS—Whether a courier is an employee for an unfair dismissal and discrimination claim. The respondent has accepted that the claimants are workers and not self-employed. It was reported that, in the settlement of the claims, the respondent accepted that some of the claimants were employees, see LNB News 09/02/2018 109 ‘Gig economy: Settlement sees blood couriers get full employment rights’. Central London Employment TribunalClaims reported as settled on 8 February 2018 Claims filed on 7 March 2017. Listed
PRACTICE NOTES
This case tracker contains a selection of significant employment judgments handed down in 2019. Information relating to ongoing cases of significance can be found in Practice Note: Case tracker—Employment. Links to Employment news analysis reports are included where they are available. The Lexis®+ UK Employment team is always pleased to receive details of other cases that may be of interest to subscribers. Please use the 'Contact Us' button above and the Lexis®Ask function to send us details. Case Name Citation Topic Court and Judgment Date History STATUS AND WORKER CATEGORIES Addison Lee v Gascoigne A2/2018/1494 WORKER STATUS—Whether the Employment Appeal Tribunal (EAT) was correct to uphold the decision of the employment tribunal (ET) that a cycle courier was a worker rather than a self-employed contractor (and therefore entitled to holiday pay and the national minimum wage). See report on the EAT’s decision of 14 May 2018. Court of Appeal20 March 2019 Awaiting decision on papers. Case stood out on 25 July 2018 pending decision in Farrar, Aslam v Uber BV. Case stood out on 4 December 2018 while
PRACTICE NOTES
This case tracker contains a selection of significant employment judgments handed down in 2020. Information relating to ongoing cases of significance can be found in Practice Note: Case tracker—Employment. Links to Employment news analysis reports are included where they are available. The Lexis®+ UK Employment team is always pleased to receive details of other cases that may be of interest to subscribers. Please use the 'Contact Us' button above and the Lexis®Ask function to send us details. Case Name Number Topic Main issue Case history Varnish v British Cycling Federation t/a British Cycling UKEAT/0022/20 Employment status Whether an Olympic funded athlete is an employee or worker so as to be able to bring claims of sex discrimination, detriment for whistleblowing, victimisation and unfair dismissal. The ET held that the claimant was not an employee or worker of British Cycling or UK Sport, see report of 28 January 2019. The EAT agreed with the ET and dismissed the claimant’s appeal, see News Analysis: When a contract falls outside the employment field altogether (Varnish v British Cycling Federation) (24/7/20). Rejected
PRACTICE NOTES
This case tracker contains a selection of significant employment judgments handed down in 2021. Information relating to ongoing cases of significance can be found in Practice Note: Case tracker—Employment. Links to Employment news analysis reports are included where they are available. The Lexis®+ UK Employment team is always pleased to receive details of other cases that may be of interest to subscribers. Please use the 'Contact Us' button above and the Lexis®Ask function to send us details. Case Name Number Topic Main issue Case history Farrar, Aslam v Uber BV, Uber London Ltd, Uber Britannia Ltd UKEAT/0056/17, [2018] EWCA Civ 2748, UKSC 2019/0029, [2021] UKSC 5 Worker status Whether a taxi-driver is a worker or a self-employed contractor for national minimum wage, holiday pay and whistleblowing protection purposes. The Central London Employment Tribunal held that the claimant Uber drivers were workers, see our reports of 7 November 2016 and 8 February 2017. The EAT upheld the decision of the ET, see our report of 10 November 2017. The Court of Appeal also upheld the decision of the ET, see our report
PRACTICE NOTES
This case tracker contains a selection of significant employment judgments handed down in 2022. Information relating to ongoing cases of significance can be found in Practice Note: Case tracker—Employment. Links to Employment news analysis reports are included where they are available. The Lexis®+ UK Employment team is always pleased to receive details of other cases that may be of interest to subscribers. Please use the ‘Contact Us’ button above and the Lexis®Ask function to send us details. Case Name Number Topic Main issue Case history Nursing and Midwifery Council v Somerville [2022] EWCA Civ 229 Worker status Whether the EAT was correct to hold that the Court of Appeal's decision in Windle v Secretary of State for Justice [2016] IRLR 628 does not mean that an irreducible minimum of obligation is a prerequisite for ‘worker’ status under the Equality Act 2010 nor by extension under the ERA 1996. In this case, the EAT held that the absence of any obligation on a claimant to accept and perform some minimum amount of work was not fatal to establishing
PRACTICE NOTES
Employment law dates for your 2022 diary This Practice Note is a summary of the key legal developments that impacted employment lawyers during the course of 2022. The tables below set out, in chronological order, dates of relevance for employment lawyers, covering cases, legislation and consultations, sorted by month during 2022. More information and links to relevant news stories can be found in: • Case tracker—Employment • Archived—2022 Case tracker—Employment • Legislation tracker—Employment • Coronavirus (COVID-19)—Legislation tracker for employment [Archived], and • Consultation tracker—Employment January 2022 Date Type of event Topic Subject 7 January 2022 (partly, and fully on 1 April 2022) Legislation in force Coronavirus (COVID-19)—vaccination The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No 2) Regulations 2022, SI 2022/15, amended the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, SI 2014/2936, including to make further provision in relation to the vaccination of care home staff and entry into a care home 7 January 2022 (at 4.00 am partly, on 9 January 2022 at
PRACTICE NOTES
This case tracker contains a selection of significant employment judgments handed down in 2023. Information relating to ongoing cases of significance can be found in Practice Note: Case tracker—Employment. Links to Employment news analysis reports are included where they are available. The LexisNexis® Employment team is always pleased to receive details of other cases that may be of interest to subscribers. Please use the ‘Contact Us’ button above and the Lexis®Ask function to send us details. Case Name Number Topic Main issue Case history Kocur v Angard Staffing Solutions Ltd and anor UKSC 2022/0063 Agency workers Whether as held by the EAT and the Court of Appeal the right of agency workers to be notified about job vacancies does not extend to parity in the right to apply for and/or be considered for notified internal vacancies, see report of 6 January 2021 and case digest [2022] All ER (D) 84 (Feb). Application lodged on 9 March 2022. Permission to appeal granted by the Supreme Court on 16 September 2022. Supreme Court Hearing on 7 December 2023 withdrawn
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Employment law dates for your 2023 diary This Practice Note is a summary of the key legal developments that impacted employment lawyers during the course of 2023. The tables below set out, in chronological order, dates of relevance for employment lawyers, covering cases, legislation and consultations, sorted by month during 2023. More information and links to relevant news stories can be found in: • Case tracker—Employment • Archived—2023 Case tracker—Employment • Legislation tracker—Employment • Coronavirus (COVID-19)—Legislation tracker for employment [Archived], and • Consultation tracker—Employment January 2023 Date Type of event Topic Subject 1 January 2023 Legislation in force Immigration The Immigration Skills Charge (Amendment) Regulations 2022, SI 2022/1391, amended the Immigration Skills Charge Regulations 2017, SI 2017/499, to exempt, from the Immigration Skills Charge, sponsored workers on the Scale-up route and also specific EU national intra-corporate transferees on the Global Business Mobility-Senior or Specialist Worker route who are covered by a commitment in the EU-UK Trade and Cooperation Agreement 4
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This legislation tracker records legislation which came into force in 2023. Legislation is listed in chronological date order. Links to news reports and parliamentary Bills providing full information on the relevant legislation are included where appropriate. Information relating to legislation which has come into force recently and will be coming into force soon can be found in Practice Note: Legislation tracker—Employment. Legislation in force—January 2023 Commencement date (unless otherwise indicated) Legislative change 1 January 2023 Immigration The Immigration Skills Charge (Amendment) Regulations 2022, SI 2022/1391, amended the Immigration Skills Charge Regulations 2017, SI 2017/499, to exempt, from the Immigration Skills Charge, sponsored workers on the Scale-up route and also specific EU national intra-corporate transferees on the Global Business Mobility - Senior or Specialist Worker route who are covered by a commitment in the EU-UK Trade and Cooperation Agreement, see LNB News 23/12/2022 36 and LNB News 03/01/2023 63. 4 January 2023 Whistleblowing The Public Interest Disclosure (Prescribed Persons) (Amendment) (No 2) Order 2022, SI 2022/1249,
PRACTICE NOTES
ARCHIVED: This archived case tracker contains a selection of significant employment judgments handed down in 2024. Information relating to ongoing cases of significance can be found in Practice Note: Case tracker—Employment. Links to Employment news analysis reports are included where they are available. Cases are listed by topic. The LexisNexis® Employment team is always pleased to receive details of other cases that may be of interest to subscribers. Please use the ‘Feedback' option above and the LexisAsk function (see LexisAsk button below) to send us details. Case Name Case citation Topic Main issue Case history Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) & Others [2024] UKSC 28, [2024] IRLR 998, [2025] ICR 107 Employment contract Whether Tesco could terminate the employment contracts of employees, for the purpose of depriving them or ‘retained pay’, a financial contractual entitlement which was agreed to be permanent, and offer to re-engage them on new contracts which did not include retained pay. Together with the union, USDAW, several employees successfully applied to the High Court for
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Employment law dates for your 2024 diary This Practice Note is a summary of the key legal developments that impacted employment lawyers during the course of 2024. The tables below set out, in chronological order, dates of relevance for employment lawyers, covering cases, legislation and consultations, sorted by month during 2024. More information and links to relevant news stories can be found in: • Case tracker—Employment • Archived—2024 Case tracker—Employment • Legislation tracker—Employment • Archived—2023 Legislation tracker—Employment • Consultation tracker—Employment January 2024 Date Type of event Topic Subject 1 January 2024 Legislation in force Brexit and retained EU Law The Retained EU Law (Revocation and Reform) Act 2023 (Commencement No. 1) Regulations 2023, SI 2023/1363, brought into force parts of the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023), including section 3 (the abolition of the principle of supremacy, insofar as it continued to apply in relation to pre-end of implementation period legislation in accordance with section
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This legislation tracker records legislation which came into force in 2024. Legislation is listed in chronological date order. The tracker also lists Private Members’ Bill which fell at the end of the 2023–24 parliamentary session on 30 May 2024 when Parliament was dissolved ahead of the General Election on 4 July 2024. Links to news reports and parliamentary Bills providing full information on the relevant legislation are included where appropriate. Information relating to legislation which has come into force recently and will be coming into force soon can be found in Practice Note: Legislation tracker—Employment. Information relating to legislation coming into force after 2024 can be found in Practice Note: Legislation tracker—Employment. Information relating to legislation which came into force prior to 2024 can be found in Practice Notes: • Archived—2023 Legislation tracker—Employment • Archived—2022 Employment horizon scanner—dates for your diary Legislation in force—January 2024 Commencement date (unless otherwise indicated) Legislative change 1 January 2024 EU Law (Revocation and Reform) The Retained EU Law (Revocation