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Archive for January 30, 2019

Employment Law: Are Uber drivers workers?

The Court of Appeal has confirmed this month that Uber drivers are workers rather than self-employed, in Uber v Aslam. The drivers’ contracts described them as independent contractors. They had to undertake an interview and an induction. They had to perform the work personally. Drivers used their own vehicles, but Uber stipulated appropriate brands and presentation standards. In providing jobs, Uber controlled the key information. They would provide drivers with a passenger’s first name but no surname, contact details or destination. Uber had complete control of the fares. Financial penalties could be incurred for departing from Uber’s suggested route.

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Employment Law: Is an employer responsible for the actions of an employee who has ‘gone rogue’?

Is an employer responsible for the actions of an employee who has ‘gone rogue’ and deliberately posted sensitive employee data online? Yes, the Court of Appeal has said in Morrisons v Various Claimants. Mr Skelton was an internal auditor at Morrisons. He had been recently disciplined and held a grudge against the company. He took sensitive personal data relating to thousands of employees and posted it online. He then told newspapers it was there. The data included names, bank details and salary information.

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Emma McNamara


Emma McNamara joined Bermans in August 2018 in the Private Client department. She is a graduate of Pembroke College, Oxford, where she studied English Language and Literature.

Emma previously worked in a will writing firm, specialising in Probate and Estate Administration for the last 6 years prior to her joining Bermans.

With four children in the family and a lively Border Terrier she enjoys dog walking, running, quizzes and games.



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Claire McDonnell

Claire McDonnell

claire-mcdonnellSenior Associate

Claire qualified as a Solicitor in 2010 and joined Bermans in January 2019 as a Senior Associate in the Litigation and Dispute Resolution team.  Claire has previously worked for an international law firm and a Manchester-based boutique law firm with a focus on providing commercial advice to SMEs.

Claire acts for a wide spectrum of clients including high net worth individuals, large national and regional companies, SMEs and OMEs in all sectors.  She has experience of advising on a wide range of high value and complex commercial matters including breach of contract disputes, partnership disputes, shareholder disputes, professional negligence claims, the seeking of injunctive relief and invoice and asset finance litigation.

Claire works closely with Simon Taylor and Andrew Koffman in providing advice to commercial clients.


Tel: 0161 827 4603


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