The Chartered Institute of Payroll Professionals
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There is a process that employers may follow until 31 December 2021 in relation to EEA citizens who were part of their workforce before 30 June 2021, but who have not applied to the EUSS by 30 June 2021. If they were employed prior to the end of the grace period, on 30 June 2021, then employers are not required to cease their employment but must take the following steps: 1.) Advise the individual that they must make an application to the EUSS within 28 days and provide a Certificate of Application (CoA). If this does not happen, the employment must be terminated 2.) Once a CoA has been provided, the employer must contact the Home Office Employer Checking Service to confirm the individual has applied 3.) Where an application has been made, a Positive Verification Notice (PVN) will be supplied – this should be retained, and will expire after a period of six months 4.) Prior to the PV N’s expiry date, a follow -up check must be carried out with the Employer Checking Service. If the individual has been granted status before the PVN expiry date, they can prove their right to work using the Home Office right to work online service 5.) If the follow-up check shows the application is pending, a further PVN will be granted for six months, and step four must be repeated. If this follow-up check confirms that the application has been refused, no additional PVN will be issued, and the employment must be terminated 6.) Employers must maintain accurate records of the checks it carries out and the subsequent actions they took
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Deliveroo riders are self-employed 29 June 2021
The UK Court of Appeal last week ruled that Deliveroo riders were self-employed, and not classed as workers or employees.
This is in stark comparison to the recent ruling which determined that Uber drivers should be classed as workers, and not self-employed individuals. It indicates that the Uber case did not set a precedent for the future of the gig economy.
The outcome was determined by the fact that Deliveroo drivers are not entitled to collective bargaining rights. Back in 2017, The Independent Workers Union of Great Britain (IWGB) was denied collective bargaining rights for a group of Deliveroo riders, as they were not classed as being workers. The court stated that, although Deliveroo riders have the right to organise collectively, they do not have permission to do so through a trade union.
A spokesperson for Deliveroo said:
“UK courts have now tested and upheld the self - employed status of Deliveroo riders four times. Deliveroo’s model offers the genuine flexibility that is only compatible with self-employment, providing riders with the work they tell us they value.”
CIPP comment
What are your views on the latest court case on the matter of employment status? Get in touch with the Policy team at Policy@cipp.org.uk.
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Government urged to make ethnicity pay gap reporting mandatory 1 July 2021
The Chartered Institute of Payroll Professionals
Payroll: need to know
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