News & Events
News & Events
Representing the Respondent operators of the Mytaxi app (now called Free Now), Andrew Short QC and Peter Linstead have successfully opposed the Claimant’s appeal to the EAT of a decision that a London Hackney carriage driver using the taxi app was not a ‘worker’ when using the app to source and transport passengers. Introduction In a decision handed down on 18 January 2022 in Christopher Johnson v Transopco UK Ltd [2022] EAT 6, the EAT upheld the decision of the employment tribunal, where Peter Linstead appeared unled for Transopco, that although the driver had an obligation of personal service, the operator was a ‘client or customer’ of the driver’s business for the purposes of s.230(3) of the Employment Rights Act…
News, Employment 24 Jan, 2022
Peter Linstead recently appeared in the Employment Tribunal for the Respondent in Mr Christopher Johnson v MyTaxi Network Ltd 2303018. The background The Claimant in this action worked full-time as a Black Cab driver in London between 2014 and 2016. In February 2017, the Claimant downloaded the driver version of “Mytaxi”, a mobile application that connects Black Cab drivers and passengers. Excluding the “odd trip” in April, the Claimant didn’t actively use the app until the end of July 2017 and made no further trips after 18th April 2018. The claim The Claimant in this action claimed protected disclosure detriment, holiday pay, unlawful deduction of wages and failure to pay the national minimum wage. The two preliminary issues to be…
News, Employment 27 Jul, 2020
A High Court judgment has provided important guidance on the provisions for furloughing employees where a company has gone into administration due to COVID-19. Peter Linstead explains how it is no less relevant despite the new Treasury Direction on furlough leave. On Easter Monday 13th April, a High Court judgment gave declaratory guidance on how the provisions for furloughing employees should be applied by administrators where a company had gone into administration as a result of the effects of coronavirus. The judgment succeeds in providing essential clarity on the status of employees’ claims in an insolvency situation and has wider application to contractual variations in the context of furlough. It remains relevant in both these areas despite the publication on 15 April of…
Covid-19, Employment during Covid-19, News 15 Apr, 2020
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