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mills & reeve: hr law live mills & reeve: hr law live subscribe in a reader enter your email address: delivered by feedburner mills & reeve: hr law live hr law live offers you regular updates and commentary on the latest legal and policy decisions affecting employers and anyone working in a human resources role. the blog posts are written by our team of specialist employment lawyers at top 50 uk law firm, mills & reeve llp . please get in touch if you have any suggestions or feedback about this blog. useful information you may also be interested in these other mills & reeve resources: employment law articles employment law seminars international legal services hr law live disclaimer the information on this blog is not intended to be legal advice. you should not rely on it and we don't accept liability in connection with it. please read our full disclaimer and let us know if you would like us to advise on any legal issue. specific advice should be sought for specific problems. x this website uses cookies to help provide you with a good experience when you browse through our blogs and to distinguish you from other users. learn more about typepad's policy here. supreme court rules in worker's favour in pimlico plumbers case the supreme court has unanimously dismissed pimlico plumbers' appeal against the employment tribunal’s finding that one of their plumbers, gary smith, had the status of a non-employee worker. the supreme court had to address two elements of the definition of a non-employee worker found in the employment rights act and related legislation: was mr smith engaged under a contract to “perform personally” any work or services for pimlico plumbers? was pimlico plumbers not his client or customer? on the first point, the supreme court agreed with the tribunal’s assessment that the dominant purpose of the contract was personal service, and this was not defeated by a limited right of substitution. on the second point, the supreme court accepted that there were a number of features that pointed towards pimlico plumbers being mr smith’s client or customer, such as the fact that he was not guaranteed work, was responsible for supplying his own equipment and had to take the financial risk of his invoices not being paid. however, the tribunal was entitled to find that these were outweighed by other factors. these included his obligation to make himself available at least 40 hours a week and the high degree of control pimlico plumbers exercised over his appearance, conduct and responsiveness to customer complaints. like all employment status cases, the result ultimately depended on a close analysis of the facts by the employment tribunal. however with this decision the supreme court appears to be endorsing a more pragmatic and less technical approach to worker status. particularly since it was unanimous and expressed in a single judgment, it is likely to be a touchstone for cases of this kind for many years to come. while pimlico plumbers was not strictly a gig economy case, at least in this writers’ view, the way it has been reasoned makes it even less likely that uber’s forthcoming appeal against a similar finding in relation to its drivers will succeed. we will find out how the court of appeal approaches things later this year. in the meantime this latest pronouncement from the uk’s top court is a reminder to all businesses that if they wish to engage a flexible workforce but use them to promote a single business brand, the individuals they engage are more likely to be regarded as workers, rather than genuinely self-employed. posted by charles pigott on 13/06/2018 at 11:53 | permalink | comments (0) getting ready for the world cup: helpful information and three quick hr tips as we approach this year’s tournament it was reassuring to see that acas has recently updated its guidance for employers. hr managers seeking to predict the demand for time off or flexible working might find it helpful to pair this tried and tested content with the results of new-style match simulations run by a sports data company. as the bbc reported last week, england has been given only a 4% chance of reaching the final (though a 71% chance of reaching the knock-out rounds). these seemingly precise figures will rightly be greeted with a degree of scepticism, but they can provide a quick way for those involved in workforce planning to predict roughly how far a given team is likely progress in russia. as with any other major sporting event, flexibility and fairness are likely to be the key to keeping all the workforce onside. all workplace environments are different, but here are a three quick pointers: study the schedule for the group and knock-out stages. the scheduling of matches has been relatively kind to english businesses, since all possible matches involving england will take place at 7 pm or over the weekend. but depending on the composition of the workforce, it may not be just these fixtures that are likely to be popular. dust off your sickness absence and flexible working policies as well as any rules about the timing of annual leave. it may also be an idea to refresh any guidance you have about working under the influence of alcohol or drugs. make it clear whether staff are allowed to follow the progress of matches on line using work equipment. making facilities available for people to watch key matches together at work may put less strain in your it infrastructure, and may soften the blow of any restrictions you decide to place on following the progress of other matches online. david mills , partner posted by charles pigott on 12/06/2018 at 11:18 | permalink | comments (0) the menopause at work: how employers can get things wrong the publication of our briefing , arguing for a more open workplace culture when it comes to the menopause, coincided with press reports of a scottish court officer with particularly severe menopausal symptoms, who has been reinstated following an unfair and discriminatory dismissal. we have now tracked down the full decision which explains in considerable detail where things went wrong. the case revolved around a water jug used by the claimant while she was sitting in court. on her return from a break she discovered that the water in it had been consumed. she was taking soluble medication at the time and in the pressure of the moment mistakenly believed that she had added her medication to the water. she subsequently realised her error, but not before she had told two male court users that they had taken her medication by drinking the water in the jug. unsurprisingly they did not react favourably. a disciplinary investigation followed. the investigating officer, despite knowing about her medical condition, reached the conclusion that the claimant had deliberately lied to the court users about the medication being in the water, and she was dismissed for misconduct. bearing in mind the claimant’s menopausal symptoms, which the tribunal concluded had caused her to become “confused and forgetful”, it decided that the employer had had no reasonable basis for believing that she had been dishonest. it also found that she had been discriminated against because of “something arising from her disability”. in this case the “something” was the forgetfulness arising from her menopausal symptoms, which her employer had previously agreed were sufficiently severe to mean that she was a disabled person. this was not a case where lack of openness about the menopause was a problem. indeed the employer had already made a number of adjustments to accommodate her physical symptoms. rather, the root of the problem was a lack of understanding by those involved in the disciplinary investigation that menopausal symptoms are not just physical, but can also be psychological. that is not to say that some kind of warning might not have been appropriate. however, the tribunal was clear that her dismissal was not only unfair, but a disproportio

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http://www.hrlawlive.co.uk/2017/09/index.html
http://www.hrlawlive.co.uk/reorganisation-and-redundancy/
http://www.hrlawlive.co.uk/2010/10/summary-dismissal-letter-of-no-effect-until-read.html
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http://www.hrlawlive.co.uk/2018/01/index.html
http://www.hrlawlive.co.uk/2018/04/failing-to-enhance-statutory-shared-parental-pay-was-not-discriminatory.html#comments
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http://www.hrlawlive.co.uk/2018/04/failing-to-enhance-statutory-shared-parental-pay-was-not-discriminatory.html
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Mills & Reeve LLP

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Registrant's address:
Botanic House
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Registrar:
Virgin Media Business Ltd t/a Virgin Media Ltd [Tag = NTLTELEWESTBUS]
URL: http://www.virginmediabusiness.co.uk

Relevant dates:
Registered on: 01-Jul-2010
Expiry date: 01-Jul-2018
Last updated: 27-Jun-2016

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OWNER

  ORGANIZATION Mills & Reeve LLP

TYPE
UK Limited Company, (Company number: OC326165)

ADDRESS
Botanic House
100 Hills Road
Cambridge
Cambridgeshire
CB2 1LQ
United Kingdom
Data validation:
Nominet was able to match the registrant's name and address against a 3rd party data source on 05-Feb-2013

DOMAIN

  SPONSOR Virgin Media Business Ltd t/a Virgin Media Ltd [Tag = NTLTELEWESTBUS]

  CREATED 2010-07-01

  CHANGED 2016-06-27

STATUS
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  NS1.VIRGINMEDIA.NET 62.253.162.237

  NS2.VIRGINMEDIA.NET 194.168.4.237

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  NS4.VIRGINMEDIA.NET 194.168.4.33

  NAME hrlawlive.co.uk

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