[IER] 'Landmark' ruling on gig workers' right to holiday pay reignites debate over EU labour law

Fri Dec 1 17:32:56 GMT 2017

IER News Brief 01/12/17

 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=ac47be4a06&e=71131c031b> Follow us on Twitter

news brief

Friday 01st December 2017

  <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/42bef9e9-0080-4d3d-9334-2e260fdb3b8d.gif> 

A landmark ruling <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=b3ec66fc9a&e=71131c031b>  by the European Court of Justice (ECJ) earlier this week has reignited debate in the press regarding the important of EU law in protecting workers' rights.

The claimant, Mr King, had been a window salesman for The Sash Window Workshop Limited for 13 years, where he had been misclassified as 'self employed'. However, a UK tribunal found that Mr King was legally defined as a 'worker' and is therefore eligible for fundamental rights such as to the minimum wage and holiday pay.

However, as Mr King had not taken leave from his work, the case was referred to the ECJ to decide two things: Should 'gig workers' misclassified as 'self employed' be owed backpay for holidays they didn't take (but should have been able to); and should there be a limit on how many years they can claim for?

In a ruling being described as a "gamechanger" for 'gig economy' workers, the ECJ decided that Mr King was owed a full 13 years worth of annual leave pay. 

It stated: "In the absence of any national statutory provision establishing a limit to the carryover of leave in accordance with the requirements of EU law, to accept that the worker’s acquired entitlement to paid annual leave could be extinguished would amount to validating conduct by which an employer was unjustly enriched to the detriment of the purpose of that directive, which is that there should be due regard for workers’ health."

This is significant to 'gig workers' misclassified as 'self employed' as it sets a precedent that means they could be eligible for unpaid holiday covering years of work if they challenge their employment status. But the judgment has also reignited debate over how workers will be protected after the UK leaves the EU.

In November, the Conservative Party narrowly voted down <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=16646448fb&e=71131c031b>  an attempt by the Labour Party to have EU employment law preserved in the UK statute, and there are fears that precedents set in EU case law will be overturned in the UK once European courts cease to have influence there.

This week's news brief special looks in particular at the EU and questions whether it should be seen as broadly a friend or foe of workers. While this week's ruling shows how EU law can be protective; there is also growing evidence that EU policies have led to a decline in wages and collective bargaining across Europe. These issues are explored through free resources and two new publications below.

Subscribers receive all of our publications free and discount rates on our conferences.  <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=1e955f8fc3&e=71131c031b> Subscribe now

 FREE RESOURCES: Download papers from our Post-Brexit conference 

 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=10a95f1e27&e=71131c031b> 

	Read the full report and download papers <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=a6c61d1f98&e=71131c031b> 

Many thanks to all who attended out Post-Brexit Employment Rights and Trade Deals event in Liverpool yesterday, where experts discussed the threats and opportunities to workers' rights posed by Brexit. Our experts analysed the potential for erosion - and for improvement - to a wide range of rights including equality, holiday pay and TUPE.

Read the full report and download papers <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=b3a1133c6e&e=71131c031b> 

 NEW PUBLICATION: Europe, the EU and Britain: Workers' Rights and Economic Democracy 

 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=859a90fd37&e=71131c031b> 

	Europe, the EU and Britain: Workers' Rights and Economic Democracy <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=21d6a3f4b2&e=71131c031b> 

On 01 July 2017, labour movement leaders from across Europe met at the Marx Memorial Library, London, to discuss how a progressive future for workers’ rights can be sought following the UK’s vote to leave the EU. This report documents the meeting, including the transcripts of each presentation, as well as notes on the discussion between panel and delegates on the day.

Common themes emerged from the discussion, including evidence that neoliberal policies adopted by EU political structures have disempowered workers across the bloc; and that Labour's popular Manifesto For The Many, Not The Few cannot be enacted while the UK remains a member of the EU

Read more and purchase your copy <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=87ab50fdea&e=71131c031b> 

 IN CASE YOU MISSED IT: The Legacy of Thatcherism in European Labour Relations 

 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=a2b83ee702&e=71131c031b> 

	The Legacy of Thatcherism in European Labour Relations: The Impact of the Politics of Neo-Liberalism and Austerity on Collective Bargaining in a Fragmenting Europe <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=1adb6bffe8&e=71131c031b> 

As the UK prepares to leave the European Union, this analysis – the 11th in our Comparative Notes series – shines a light on the deleterious effect of the nation's deregulatory influence on the bloc. 

The authors outline their findings from a wide-ranging study of the seven member states most effected by interventions from supranational bodies during the financial crisis - Greece, Ireland, Italy, Portugal, Romania, Slovenia, and Spain. Under pressure to make reforms to labour law, these member states have seen their industrial relations structures eroded by neoliberalist ideologies emanating from the UK.

Read more and purchase your copy <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=4dc2b46bce&e=71131c031b> 

 FEATURED EVENT 

 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=5ece39c7e4&e=71131c031b> 

	Book now for our 06 December conference in London <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=71afab5921&e=71131c031b> 

At our popular annual employment law update, top lawyers, academics and trade unionists from across the UK meet to discuss the year’s developments in labour law.

With workers’ rights now a key political issue on the agenda of every major party, we look at current trends, successes, challenges, and proposals for better employment law.

Book your place at our London conference <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=0ce585b41e&e=71131c031b> 

  Publications

 CB Europe <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/89596b4b-fb8c-466d-974a-89baa936f609.jpg> 

	The Legacy of Thatcherism in European Labour Relations: The Impact of the Politics of Neo-Liberalism and Austerity on Collective Bargaining in a Fragmenting Europe: £8
By Miguel Martinez Lucio, Aristea Koukiadaki and Isabel Tavora
As the UK prepares to leave the European Union, this analysis – the 11th in our Comparative Notes series – shines a light on the deleterious effect of the nation's deregulatory influence on the bloc.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=080847305a&e=71131c031b> > click here to read more and purchase

 CB in Social Care <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/f5cd005c-17c2-4c04-bd1f-452d91c64d61.jpg> 

	8 Good Reasons Why Adult Social Care Needs Sectoral Collective Bargaining: £8
By Dr Lydia Hayes
In this booklet, Dr Lydia Hayes sets out the lessons learned from her interdisciplinary research into the social care sector, and builds upon the recommendations made in the Institute of Employment Rights' Manifesto for Labour Law: a comprehensive revision of worker’s rights to propose a sectoral collective bargaining structure for the negotiation of wages and conditions.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=ebeb9aadb0&e=71131c031b> > out on 23 September - click here to pre-order

 LLH2016 <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/815fda47-e4b4-4148-a3e2-81af67efe0a4.jpg> 

	Labour Law Highlights 2016: £8
Edited by Rebecca Tuck
This year’s Labour Law Highlights is produced against the backdrop of a Brexit vote in the UK and a Trump victory in the USA. It promises to be a bumpy ride ahead!
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=786793ba41&e=71131c031b> > click here to read more and purchase

 Health and Safety Time for Change <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/afdba51d-b908-42ab-8241-ddca46df52ce.jpg> 

	Health and Safety at Work Act: Time for Change: £10
By Phil James and David Walters
The world of work is changing. Fast. But the framework of law tasked with protecting the health, safety and well being of workers is now 50 years old and – according to the authors of this report – no longer fit for purpose. The authors put forth proposals for reform
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=9abf652c5b&e=71131c031b> > click here to read more and purchase

 EU Developments <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/fb25d1db-2c1e-4d50-8d47-17dc166f146f.jpeg> 

	Access to Justice: Exposing the myths: £6
By Andrew Moretta
In the second of IER’s series of Mythbusters, Andrew Moretta considers the many myths surrounding access to justice, including the narrative surrounding the “red tape” and “burdens on business” ideology, which he believes paved the way for systematic attacks on the tribunal system.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=3fe49bd735&e=71131c031b> > click here to read more and purchase

 Kill the Bill <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/3a996d1c-1459-4dfb-81b8-8901488dad8a.jpg> 

	Protect the right to strike: kill the bill: £5
By John Hendy QC & Professor Keith Ewing
Two leading experts on trade union rights – Professor Keith Ewing and John Hendy QC – publish a short but comprehensive overview of the Trade Union Bill and its implications.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=dbc63adfcf&e=71131c031b> > click here to read more and purchase 

 Ballot Thresholds <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/cee8b19e-c2dc-452d-a284-b14209fbf568.jpg> 

	The Conservative Government’s proposed strike ballot thresholds: The challenge to trade unions: from £6
By Professor Ralph Darlington and Dr John Dobson
According to the authors of this timely report, the government is attempting to rush into law ‘the most sweeping and radical tightening of rules on industrial action since the Thatcher era of the 1980’s’. They warn that such proposals could result in ‘the biggest showdown over industrial relations for a generation’ and go on to drill down into one aspect of the government’s proposals – strike ballots.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=2355700310&e=71131c031b> > click here to read more and purchase 

 Keithe Ewing <https://gallery.mailchimp.com/f121e48a8bb6d3101590c12d3/images/6ac2ddd4-6bd6-4c3f-81ad-06fdb882171c.jpg> 

	The mythology of business: from £6
By David Whyte
The ‘myths’ that this publication takes into consideration are the kind of things that politicians now routinely say without thinking. Yet these 10 myths have very little foundation in reality and are rarely, if ever, accompanied with any concrete evidence to support them.
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=0a3a41ec37&e=71131c031b> > click here to read more and purchase 

To unsubscribe, please contact sarah at ier.org.uk <mailto:sarah at ier.org.uk?subject=Unsubscribe> . 

Produced by:
Institute of Employment Rights,
4th Floor, Jack Jones House
1 Islington
Liverpool L3 8EG
0151 207 5265
 <https://ier.us12.list-manage.com/track/click?u=f121e48a8bb6d3101590c12d3&id=b712bf26e8&e=71131c031b> www.ier.org.uk

  <https://ier.us12.list-manage.com/track/open.php?u=f121e48a8bb6d3101590c12d3&id=03c985da15&e=71131c031b> 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://mailman.gn.apc.org/pipermail/ier-elist/attachments/20171201/a6f7f6e9/attachment-0001.html>