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‘These blogs do not provide a full statement of the law and readers are advise to take legal advice before taking any action based on the information contained herein’.

February 3, 2020

In a recent Citizens Advice survey the key findings were:

  • One in ten of the people that surveyed were bogusly self-employed, with at least three markers suggesting that their self-employment is not genuine. If scaled up, this could translate into as many as 460,000...

January 23, 2020

Bogus self-employment occurs when workers are told they are self-employed when the legal tests would likely define them as employees. This phenomenon is made more common by the lack of consistency and clarity around the definition of self-employment: employment and tax...

January 14, 2020

The recent cases involving BBC, Uber, Deliveroo, Addison Lee and Pimlico Plumbers, where self-employed contractors have been deemed or thought to be employees, has brought this issue to the fore.

As a result of these cases many smaller employers have been left anxi...

January 6, 2020

There are a number of easy checks to determine if someone is genuinely self-employed, they should-

  • Provide their own equipment;

  • Are not made to wear a branded uniform, or drive a branded vehicle;Have genuine control over pricing and invoicing;

  • Are no...

September 17, 2019

The employment tribunal held that a belief in Scottish independence amounts to a philosophical belief within the meaning of S.10(2) of the Equality Act 2010 and could therefore be relied upon by the claimant as a protected characteristic for the purpose of claiming dir...

September 10, 2019

NDAs (confidentiality clauses) are in the news. Some commentators allege illegal behaviour can be masked when employers pay employees or workers off and bind them to silence with an NDA.

What is an NDA? They are often found in settlement agreements but they can also be...

September 5, 2019

It’s mandatory for an employer to give a reference if:

  • it’s contractual; eg in an employment contract or settlement agreement, or it has been otherwise agreed between employer and employee

  • the employment is regulated; eg by the Financial Conduct Authority.

Ap...

September 2, 2019

Most employers will, at some stage, have to deal with misconduct by employees. When doing so, it is important to ensure that a fair procedure is followed. It is also important to act consistently and reasonably in relation to any action that is taken.

Employers should c...

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