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ET seeks ‘worker’ status clarification from ECJ

Makbool Javaid

An ET is seeking clarification from the ECJ on the proper interpretation of the “worker” classification under EU law, particularly around a gig-economy worker’s right to use substitutes. Personnel Today report that the Watford ET referred a series of questions to the ECJ while considering the employment status of a Yodel couriers, as it believed the way worker status is determined under UK law might be “incompatible” with how it is viewed under EU legislation. It has asked the ECJ whether the fact that an individual has the right to engage “substitutes” to perform all or part of their work means they cannot be considered a worker under the Working Time Regulations.

The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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