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The recent decision in Haworth v HMRC provides some useful judicial commentary on the correct interpretation of the "place of effective management"…

Whipple J   Judicial review – Income support – Claimants alleging scheme, by which payments made to self-employed persons whose businesses adversely affected by Coronavirus emergency, unlawfully discriminating against self-employed women who had taken maternity leave or leave relating to pregnancy in three preceding tax years In April 2020, HM Treasury (the defendant) introduced the self-employment income support scheme (the Scheme), by way of a direction under ss 71 and 76 of the Coronavirus Act 2020 (CA 2020). Under the Scheme, payments were made to persons who carried on a business th...

On the facts found in the present case, the employment tribunal (the ET) had been entitled to find that the respondent drivers were ‘workers’ who worked for Uber London under ‘worker’s contracts’, within the meaning of the statutory definition (s 230(3) of the Employment Rights Act 1996). The Supreme Court (the court), in dismissing Uber’s appeal, held that that had been the only conclusion which the ET could reasonably have reached and, accordingly, it affirmed the conclusion of the Employment Appeal Tribunal, and that of the majority of the Court of Appeal, that the ET had been ...