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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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Family Investment Companies

robin-hastings-1-1Traditionally, the most common way to pass down family wealth has been by way of discretionary trust structures. However, recent changes to the tax regime now mean that family investment companies (FICs) could offer more favourable tax treatments when deciding how to deal with future generations – particularly for individuals with large inheritance tax (IHT) estates.

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Bermans further develop their sport & entertainment offering

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Simon Taylor, a leading sport and entertainment solicitor, has joined Bermans as a partner and head of their Sport & Entertainment team.

Simon, who will be based in Bermans Manchester office, has more than 30 years’ experience and specialises in representing clients within the motorsport and festival/event industries providing a full range of legal services.

He has an international reputation within motorsport acting for national governing bodies & their insurers, circuits, clubs, teams, drivers and motorcycle riders. Since joining Bermans, Simon has negotiated contracts for the 2019 season for F1 drivers and team personnel. He also has unrivalled experience of representing clients at hearings before the FIA International Court of Appeal and National Motorsport Courts worldwide.

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Employment Law: Post TUPE variation of contract

Mr Tabberer and his colleagues were electricians. They were originally employed by Birmingham City Council. Their employment transferred several times by way of TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) over the years. At the time of the tribunal claims, they were employed by Mears. The employees were contractually entitled to receive an Electricians’ Travel Time Allowance, though the historical reasons for the allowance no longer existed. Mears varied the employees’ contracts to remove the allowance, saying it was outdated.

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The impact of Brexit on contracts

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As Brexit draws near, the question of how it will affect business and the need to know your contractual rights is ever more important.

Some questions you may ask yourself:

  • What happens if the borders are clogged up and I cannot deliver or receive goods
  • Who will be liable for tariffs in the event of a hard Brexit
  • Should I look at amending existing contracts or terminating contracts with a view to issuing new contracts
  • Will you have to register with a UK authority in place of an EU one?
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