Tessa Fry on LinkedIn: Staff who work from home after pandemic 'should pay more tax' (2024)

New rights aimed at helping working families will apply from 6 April 2024. These include new rights for carers; improved paternity leave; changes to flexible working regulations; and extension of redundancy during pregnancy and return from maternity leave. Details are set out in the attached article.https://lnkd.in/e9g5yMSS

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Reintroduction of fees in Employment TribunalsThe Government is proposing to reintroduce fees for issuing claims in the Employment Tribunal and the Employment Appeal Tribunal.There will, however, be a consultation before any decision is made.If fees are implemented, these will become payable for all claims issued on or after 1 November 2024.The proposed fee is £55 per case or appeal payable by the Claimant.By court standards, this is a modest fee.The Government’s previous attempt to introduce fees was overturned by the Supreme Court in 2017 ruling they were unlawful in the case of R (on the application of Unison) -v- Lord Chancellor.The level of fees which applied from 2013 was so excessive resulting in a substantial drop in Tribunal claims which, the SC ruled, ‘effectively prevents access to justice and is therefore unlawful’. Following the SC decision, fees were abolished and refunds were paid to all claimants who had paid the fees from 2013 to 2017.However, the SC decision did not rule out fees completely provided they were set at a reasonable level.The Government’s current aim of reintroducing fees in 2024 is for users to contribute to costs in the tribunals, incentivise parties to settle their disputes early and to alleviate some of the pressures the tribunals are currently facing.As the new proposed fee of £55 is low by court standards and there will be an exemption scheme for those unable to afford it, they are unlikely to be subject to any successful legal challenge. CommentGiven the modest level and exemption scheme, the fees are likely to be introduced in November. They may make some impact on spurious claims but it is unlikely to make a significant difference.Once introduced the fees will doubtless increase over time.

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Supreme Court delivers final blow for Deliveroo ridersContrary to other appeal judgments upholding worker status, the Supreme Court has recently determined that Deliveroo riders are self-employed and not workers.The final appeal brought by the IWGB union against the Central Arbitration Committee’s decision rejecting union recognition was therefore unsuccessful.Had the appeal succeeded, then the IWGB union would have been entitled to conduct collective bargaining with Deliveroo on pay, hours and holidays on behalf of the Deliveroo riders in the relevant bargaining unit.The SC decision was based on Article 11 of the European Convention on Human Rights which protects the right to freedom of association and to join a trade union.However, it only applies if there is an employment relationship (whether with workers or employees) and not if the individuals are self-employed. In determining self-employed status, the key factor for the Supreme Court was that the contract between Deliveroo and the riders provided for a genuine right of substitution (even if it was rarely used in practice).This right was totally inconsistent with there being an employment relationship.The riders were also free to work as and when they wanted and could even work for Deliveroo’s competitors.There was no obligation to accept work or carry out a minimum number of orders and they provided their own equipment.All these factors amounted to genuine self-employment rather than an employment relationship.Even if there had been an employment relationship, the Supreme Court also determined that Article 11 did not include a right to compulsory collective bargaining.Despite this decision, other successful cases against gig economy companies upholding worker status have led to improved terms and conditions for the delivery riders/drivers.Some of these companies now provide insurance and sickness cover and one has even recognised a union including for collective bargaining purposes.Some are also offering worker status contracts in exchange for guaranteed hours and control over the routes together with holiday pay.This does, however, mean that the riders would be taxed on an employed rather than self-employed basis.The government had an opportunity to address worker status following the Taylor Report in 2017 which recommended a new ‘dependent contractor’ status for workers who would be entitled to statutory holiday and sick pay.However, despite carrying out full consultation, the government has failed to make any significant changes.Nor has it addressed the discrepancy between employment and tax law as the latter does not recognise worker status.

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Radio InterviewIt was a pleasure to be interviewed again by Patricia Vincent (NN D) on Resonance FM - The Workplace discussing my latest employment law updates on flexible working, menopause in the workplace and other changes. To listen see link below:https://lnkd.in/ejh6S-5K

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Employment Law UpdateSee my latest employment law updates https://lnkd.in/eeNd9aQgPart 1 covers changes to flexible working regulations, menopause in the workplace, new rights for parents and carers and tips and service charges.Part 2 covers changes to statutory payments and discrimination awards.

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I was delighted to give a talk on Menopause in the Workplace to Health Managementwhich was attended by over 60 doctors and medical professionals.For more information please feel free to contact me at tessa@solts.co.uk #menopause #employmentlaw #workplaceissues

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It was a pleasure to speak to Paul Sonn, Irene Tung and Amy Pinilla about unfair dismissal law in the UK and the National Employment Law Project to implement 'unfair discharge' legislation in the US (www.nelp.org). Look forward to seeing how this progresses.

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Radio InterviewIt was a pleasure to be interviewed again by Patricia Vincent on Resonance FM, the Workplace discussing my latest employment law update on return to work issues and other changes.See link below.https://lnkd.in/e9bzJv2Z

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