Atkinson, J. orcid.org/0000-0001-5207-2231 and Dhorajiwala, H. (2022) The future of employment: purposive interpretation and the role of contract after Uber. The Modern Law Review, 85 (3). pp. 787-800. ISSN 0026-7961
Abstract
A person's entitlement to workplace rights and protections under English law is conditional on their relationship falling within the legal category of employment, by virtue of them having the requisite status. The employment status of individuals performing on-demand work via digital platforms is particularly contentious and has been a focal point for debate in recent years. The Supreme Court decision in Uber BV v Aslam represents a ground-breaking judgment on this issue, which has radical implications for the correct approach to determining employment status more generally. It is argued here that, while leaving some important questions unanswered, the purposive and relational approach to employment status developed by the Supreme Court in Uber BV v Aslam is to be welcomed, and that this new approach has far-reaching consequences for the future of the legal category of employment.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2021 The Authors. The Modern Law Review © 2021 The Modern Law Review Limited. This is an author-produced version of a paper subsequently published in Modern Law Review. Uploaded in accordance with the publisher's self-archiving policy. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 18 Mar 2022 09:42 |
Last Modified: | 23 Jun 2022 11:00 |
Status: | Published |
Publisher: | Wiley |
Refereed: | Yes |
Identification Number: | 10.1111/1468-2230.12693 |
Related URLs: | |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:184878 |