In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
There has been a steady trickle, not quite a stream, as this new economy and its raft of rights are forged. We still await any changes following the Taylor Review, the Government is a little distracted at the moment!
- Tribunals and courts are looking beyond what is agreed between parties;
- Personal performance still key; this can be proved by the wording of documentation (Pimlico Plumbers and Mullins v Smith), and demonstrating that safeguarding checks are made against individuals (Addison Lee v Gasgoine);
- Commercial reality wins out; Uber AV v Aslam (on appeal): the drivers across the city were not all small business people as Uber asserted (such as Pimlico Plumbers and Mullins v Smith). Individuals cannot be clients nor customers if using employer branded equipment and vehicles;
The latest case involves the unlucky company of Addison Lee who appeared in an earlier ebriefing – Worker status: A tsunami of gig-economy claims. Mr Gasgoine, in the earlier case, was a cycle courier but Mr Lange, in this latest case, was a private-hire driver and hired liveried cars from a company associated with Addison Lee (Addison Lee v Lange & Ors). The general themes noticed above were again in evidence in the EAT’s judgement.
- The wording of the agreement where the drivers were deemed ‘independent contractors’ was set aside;
- The practicalities of the agreement – the drivers had to log onto a centralised booking system, give reasons they did not accept a booking and could be sanctioned if they didn’t accept bookings – were key to the judgement.
The only case that has bucked this trend and decided that individuals were not workers has been that of Independent Workers Union of Great Britain v RooFoods Ltd (t/a Deliveroo) TUR1/985(2016). This was before the Central Arbitration Committee, so there is a query as to whether it is binding in the Tribunal. That said, the principles are the same when applied.
- Personal performance was not required – substitution was permitted and importantly did occur in practice;
- There were no sanctions if individuals did not pick up a job
There is, we fear, little more to be said at this time as we await the Taylor Review and the judgement from the Court of Appeal in the case of Uber BV v Aslam.
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
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