SPONSORED EDITORIAL
SECTT UPDATE APPRENTICES
Self-employed status: What does the Uber case really mean?
By Kenny Scott Senior Associate
Consulting is a common means of contracting for electrical engineers. Te attraction is that, despite working for others, it still offers a degree of independence. However, even if an
agreement specifies that an individual is ‘self-employed,’ there is a possibility that this may not be the reality, and this was demonstrated in the case of Uber BV and ors v Aslam and ors. Employment
law provides for three contract statuses: employee, worker or self-employed independent contractor. Te Uber drivers argued they were not independent contractors (as their contracts stated) but were workers and entitled to rights such as paid holidays. Te employment
tribunal’s findings made it clear that the Uber model placed quite considerable constraints on drivers. As a result, it was held that they are workers and are working while logged into the Uber app and available for work. Tis has highlighted the
issue of employment status and the grey areas around it. Getting status issues wrong can be expensive and expose an organisation to significant claims. Legal advice should
be taken on any particular circumstances, but organisations should consider the following: ● What is the contractual relationship between the organisation and the engineer? Does this reflect the relationship in reality? ● Is the engineer required to undertake work if offered? Is there an entitlement to a certain amount of work? ● Does the engineer have to work at specified times? ● Does the engineer have to undertake the work personally or
can they appoint a substitute? ● Is the engineer
entitled to time off, parental leave or other benefits? ● How much control does the organisation have over the engineer? ● How is the engineer paid? Are they responsible for their tax arrangements? ● Is the engineer subject to any post-termination restrictions? ● Does the organisation provide all equipment and materials? ● Does the engineer wear a uniform or branding?
● For more advice, contact Kenny Scott on 0131 248 2255 or email
kenny.scott@
macroberts.com
46 CABLEtalk JUNE/JULY 2021
By Anne Galbraith Chief Executive, SECTT
T
he last 15 months have been extremely difficult for everyone, yet it’s heartening to see that
electrical employers across Scotland continue to employ and recruit apprentices. We are now seeing apprentices being allowed back into colleges for face-to-face learning, with a mix of blended learning, with colleges ensuring that there is a safe environment for both staff and apprentices, and a focus on adhering to Scottish Government guidelines.
Time for some normality The patience of employers has been stretched at times, with very short notice for apprentices to
return to college, which was out of SECTT hands. Due to college strike action in March and April 2021, employers were again given short notice of cancelled classes. With the dispute being resolved, we are now getting back to some normality. Between the pandemic
and strike action, it is likely that your
apprentices will require additional catch-up training, so we will give
Apprentices can now get back to college for
face-to-face learning
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56
