INSIDER DEC 2017

19

2017 WRAP AND 2018 LOOK AHEAD

Brexit While it is still too early to tell how the employment law landscape will change following Britain’s exit from the EU, it’s important for companies to stay up to speed during the transitional period. For now it is business as usual. At least until March 2019 all current laws and regulations remain in place and businesses should continue to comply with all current legislation. It is undeniable that the UK landscape will alter and everyone will be affected by the change once we do leave the EU but it’s very unlikely that the UK will simply repeal all EU related law. Both the government and businesses want to avoid the legal and commercial chaos that would ensue where that to happen; instead we can expect a gradual repealing and restructuring of any laws which are less favourable to the UK. 2018 is going to be a transitional year requiring enormous negotiation and, while there are uncertain times ahead, there is no need to panic. We can expect things to be business as usual at least until March 2019 when the 2 year process of withdrawing from the EU ends.

2017 was an interesting year for employment law with Brexit, the gender pay gap, sexual harassment and the gig economy dominating the headlines and we can expect 2018 to continue in the same vein. ELAS employment law consultant Enrique Garcia takes a look at the areas to watch in the year ahead. The Gig Economy The future of the gig economy remains in the air as we await further clarification from the Supreme Court. EAT decisions against Uber and Pimlico Plumbers have been appealed to the Supreme Court and the eagerly anticipated rulings will have far reaching implications. Other cases against Deliveroo and City Sprint, among others, are still making their way through the tribunals and this could yet be the tip of the iceberg. Employment status has long been the greyest area of employment law – is someone self- employed or are they really an employee or a worker? The Central Arbitration Committee (CAC)’s recent ruling that Deliveroo riders are self-employed has thrown more confusion into the arena, although it’s worth noting that this is not a binding authority. We await with interest the Tribunal ruling in the claim brought by 45 Deliveroo couriers to see how it compares to the CAC decision.

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