Employment

Government launches call for evidence on the role that umbrella companies play in the labour market and how they interact with the tax and employment rights systems

Views sought on 'behaviours in the market that are causing concern' such as failing to provide employees with holiday pay and tax evasion through disguised remuneration schemes

Employment case law round up

DWP has ‘limited assurance’ that Kickstart scheme is having the positive effect intended, says National Audit Office

New report finds that Department does not know whether jobs created are of high quality, or whether they would have existed without scheme

Court of Appeal rules that Self-Employment Income Support Scheme indirectly discriminated against women who had taken leave relating to maternity or pregnancy but that the discrimination was justified

The Motherhood Plan & Anor, R. (On the Application of) v Her Majesty's Treasury [2021] EWCA Civ 1703

DWP says that it would be ‘premature’ to class long Covid as a disability for the purposes of employment protections

However, Minister tells parliament that government will continue to monitor and consider its approach as evidence on long-term health symptoms and impacts of Covid-19 emerges

Court of Appeal finds that Employment Tribunal gave adequate reasons for findings of fact in disability discrimination case

Sullivan v Bury Street Capital Limited [2021] EWCA Civ 1694

Government confirms intention to ratify international convention on eliminating harassment and violence at work

Convention builds on government's 'already strong position on violence against women and girls', says Work and Pensions Secretary

Work and Pensions Secretary welcomes ‘milestone’ of 100,000 young people starting jobs through the Kickstart Scheme

However, recent written answer in Parliament shows that more than half of Kickstart jobs advertised and made available for young people have yet to be filled

Bill to improve employment rights of zero hours contract workers passes First Stage in Northern Ireland Assembly

Provisions in the Bill include new right to three hours pay if an employee is called out to work but is subsequently not given work

Select Committee Chair expresses frustration at government’s failure to set a timescale for introducing the Employment Bill

Stephen Timms also says that it is disappointing that the government will not commit to a comprehensive cross-departmental strategy to respond to the changing labour market

Employment case law round up

Use of artificial intelligence is transforming work and working lives in ways that have outpaced, or avoid, existing regimes for regulation

Calling for a new Accountability for Algorithms Act, All-Party Parliamentary Group warns of marked gaps in legal protection at individual, collective and corporate levels

Acas warns employers that the practice of fire and rehire is ‘an extreme step’ that can seriously damage working relations and has significant legal risks

Strengthened guidance for employers produced at request of government as alternative to 'heavy handed' legislation

Employment case law round up

More than a million people were on furlough on the closure of the Coronavirus Job Retention Scheme in September 2021

New HMRC figures also highlight that more than a fifth of employers still had staff on furlough, while more than half of those who remained on the scheme were earning less than £15,000 a year

NAO qualifies opinion on HMRC’s 2020/2021 accounts due to levels of fraud and error in Covid-19 support schemes

While acknowledging that HMRC has demonstrated considerable agility in responding at pace during the pandemic, Audit Office highlights that more than £5 billion in Job Retention Scheme payments are estimated to have been subject to fraud or error

Number of adults in England and Wales working for gig economy ‘platforms’ at least once a week triples in five years to reach 4.4 million

New TUC research also finds that almost a quarter of the workforce have done platform work at some point