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ARTICLE · 10 JULY 2018

Employment Essentials: 5 Lessons From June 2018

Gowling WLG
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Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business.

United KingdomEmployment and HR

1. 'Mutuality of obligation' and employment status - what does it matter?

At one end of the employment status spectrum are 'employees' who are afforded the greatest level of protection. At the other end of the spectrum are the self-employed who are not entitled to any employment protection rights. Somewhere in the middle are 'workers' who are entitled to some valuable employment rights including National Minimum wage; holiday pay; discrimination and whistleblowing protection' and don't forget pension auto-enrolment. But precisely where an individual lies within the spectrum is not always easy to determine - is mutuality of obligation the key?

'Worker' status

The 'worker v independent contractor' debate has been a topic of great debate in recent years with a number of high profile cases against transport and courier companies. But it's not just drivers and riders. The Supreme Court in Pimlico Plumbers Ltd v Smith, has upheld the decision of an employment tribunal

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