Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Reasonable adjustmentsEnhanced payShared parental leaveDisability discriminationDisability

Eight employment law cases that will shape 2018

by Brightmine 28 Dec 2017
by Brightmine 28 Dec 2017 Photo: James Gourley/REX/Shutterstock
Photo: James Gourley/REX/Shutterstock

We round up eight significant employment law decisions expected in 2018, with cases due on employment status in the gig economy, enhanced shared parental leave, disability discrimination and carry-over of annual leave.

Employment status in the gig economy

Aslam and others v Uber BV and others

Pimlico Plumbers Ltd and another v Smith

Cases on the difference between “worker” and “self-employed” will continue to come thick and fast in 2018.

These are likely to be the two highest profile cases: one involving the status of staff in the new world of work created by the gig economy; the other involving the more traditional job of plumber.

Keep track of key employment law cases on appeal

Pimlico Plumbers will be first up in the Supreme Court early in 2018. In that case, a plumber successfully argued in the lower courts that he is in reality a worker, despite his contract framing him as self-employed.

Next will come the high-profile Uber case, in which the company’s drivers are also claiming that they are in fact workers. They succeeded in the Employment Appeal Tribunal (EAT) in showing that they are not “self-employed”.

Uber has been denied permission to appeal against the EAT decision directly to the Supreme Court (bypassing the Court of Appeal). Uber’s appeal will now be heard by the Court of Appeal at some point in 2018.

Both cases are important for companies that have a large contingent of “self-employed” individuals working for them. Worker status entitles individuals to receive basic worker rights such as the national minimum wage and paid annual leave.

 

Could shared parental leave could finally catch on?

Ali v Capita Customer Management Ltd

Hextall v Chief Constable of Leicestershire Police

The Government’s much-heralded introduction of shared parental leave from April 2015 has been something of a flop. One of the primary reasons for this is that there is no legal requirement for employers that enhance maternity leave to enhance shared parental leave as well.

This simply means that couples who would like to take shared parental leave frequently cannot afford to do so. Given the choice, most parents would prefer the father to remain at work on full pay, while the mother is on maternity leave.

Key dates

The EAT is expected to hear Ali on 20 and 21 December 2017 and Hextall on 16 January 2018.

Two cases due to be decided by the EAT early in 2018 could change all that. In both cases, male workers are claiming that their employers discriminated against them because of their sex by denying them the opportunity to take shared parental leave on full pay.

The employers in both cases enhance pay during maternity leave, but not during shared parental leave. Should the EAT uphold the male claimants’ arguments in either case, employers with similar policies could find themselves having to enhance shared parental leave to minimise the risk of similar claims.

 

Court of Appeal to deliver two important disability discrimination cases

Donelien v Liberata UK Ltd

Peninsula Business Service Ltd v Baker

The year would not be complete without some important cases on disability discrimination and the Court of Appeal is expected to deliver its judgments in two of these in 2018.

Key date

The Court of Appeal hears Peninsula on 27 March 2018.

In Donelien, the issue is the length to which employers need to go to investigate whether or not an individual has a disability.

The employer had difficulty in “disentangling” what the claimant could not do and it was suggested that it may have placed undue reliance on a flawed occupational health report. The case was dismissed by the EAT and employers will be hoping that the Court of Appeal provides some practical guidance in this tricky area.

In the second important 2018 disability case, Peninsula, the Court of Appeal will consider: does the claimant have to prove that they are actually disabled to claim disability harassment under the Equality Act 2010?

 

Holiday cases will continue to cause headaches for employers

The Sash Window Workshop Ltd and another v King

Shannon v Rampersad and another t/a Clifton House Residential Home

In 2017, the case law died down on what should be included in holiday pay calculations, to the relief of many employers. However, one threat for employers has quickly been replaced by another, with case law expected to develop on annual leave carry-over.

Podcast: Key employment cases for 2018

XpertHR employment law editors look at key cases that are due to be decided during 2018.

Sash Window returns to the UK courts after the European Court of Justice (ECJ) ruling that a worker must be able to carry over unused holiday when the employer does not put that worker in a position to exercise the right to take paid annual leave.

In this case, a salesperson on commission only who was classified as “self-employed” (and so received no holiday pay if he took leave) claimed 13 years’ unpaid holiday pay.

The ECJ decision casts doubt on the:

  • limitations on claims for historical non-payment of holiday pay in previous UK case law (the EAT previously barring unlawful deductions claims where more than three months have elapsed between successive underpayments of holiday pay); and
  • Deduction from Wages (Limitation) Regulations 2014, which impose a two-year limitation period on most unlawful deductions from wages claims.

The Court of Appeal is also expected to hear the appeal in the similarly themed Shannon case. There, a care home worker who did not take annual leave subsequently claimed in a tribunal that he was entitled to be paid for the untaken leave.

The EAT accepted that Mr Shannon was not prevented from taking leave for “reasons beyond his control”, a conclusion that will now be challenged in the Court of Appeal.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

This case law has potentially huge implications for employers with large numbers of self-employed staff, particularly those operating in the gig economy.

relx_copyright – This article is Brightmine content – Copyright 2024 LexisNexis Risk Solutions

Brightmine

Brightmine is the UK's most comprehensive online source of legal compliance, good practice and benchmarking information made available to HR professionals as a single subscription service.

previous post
Five employment law developments to watch out for in 2018
next post
From workers’ rights to dress codes: What does 2018 have in store?

You may also like

Restaurant tips should be included in holiday pay

21 May 2025

Union rep teacher awarded £370k for unfair dismissal

15 May 2025

Zero-hours workers’ rights to be extended from beyond...

8 May 2025

NHS worker awarded £29k after Darth Vader comparison

8 May 2025

How can businesses build protections for gig workers?

7 May 2025

Government urged to commit to wholesale review of...

6 May 2025

Bank holidays: six things employers need to know

2 May 2025

Connect to Work: how businesses can play their...

2 May 2025

Employment Rights Bill must be tightened to protect...

1 May 2025

Uber drivers experience ‘false autonomy’ over work

16 Apr 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+