Employment law might sound like a bore (we won’t lie, if often can be) but the last five years have produced some eye-catching headlines, so this one is for those who enjoy a bit of extra reading!

From GIG economy showdowns to pandemic-era disputes, here’s a quick tour of the UK’s more commercially important cases over the last five years, each with case information so you can dive deeper into the details if you wish.

1. Uber Drivers: App On, Rights On (2021)

Case: Uber BV v Aslam

The Supreme Court ruled that Uber drivers are ‘workers’, entitled to minimum wage and paid holiday from the moment they log on, not just when they’re ferrying passengers. A major shifting point for the GIG economy.

2. The Term-Time Holiday Pay Bombshell (2022)

Case: Harpur Trust v Brazel

A part-year music teacher successfully argued that her 5.6 weeks’ holiday shouldn’t be pro-rated just because she didn’t work every week. Employers with term-time or zero-hours contracts had to dust off their calculators. Arguably one of the most frustrating cases, as there was then a subsequent consultation and ‘reverting’ back to being able to calculate holiday with the 12.07% method again for holiday years starting after 1st April 2024.

3. Holiday Pay That Rolls Over (2022)

Case: Smith v Pimlico Plumbers

Where a misclassified worker took leave but wasn’t paid for it, the right to paid holiday carried over until the end of the contract. Historic liabilities suddenly looked… very historic.

4. Holiday Pay: Mind the Gap? Not Anymore (2023)

Case: Chief Constable of the PSNI v Agnew

The Supreme Court said gaps of more than three months between underpayments don’t automatically break a “series” of deductions. Translation: back-pay claims just got longer (and more costly).

5. Deliveroo Riders & the Right to Unionise (2023)

Case: IWGB v CAC (Deliveroo)

Deliveroo riders weren’t in an “employment relationship” for collective bargaining rights, largely because they could send substitutes. A curveball for platform worker organisation.

6. Pandemic Refusal to Work: Automatically Unfair? (2022/23)

Case: Rodgers v Leeds Laser Cutting Ltd

The Court of Appeal decided that refusing to attend work during early stages of the COVID pandemic, and being dismissed for it, didn’t meet the health and safety threshold for automatic unfair dismissal, at least on these facts. Pandemic didn’t mean protected!

7. Gender-Critical Beliefs: Protected, Yes, License to Harass, No (2021–2022)

Case: Forstater v CGD Europe

The EAT confirmed that gender-critical beliefs are protected under the Equality Act. Later, the tribunal found the claimant suffered discrimination but made it clear that protection of their views wasn’t a shield for misconduct.

8. Facebook Posts, Free Speech & Fair Dismissal (2025)

Case: Higgs v Farmor’s School

The Court of Appeal held that dismissal for expressing Christian views on gender/sexuality on a personal Facebook page was unlawful and disproportionate. The Supreme Court appeal is now pending so watch this space.

9. Strikers and “Detriment”: Parliament’s Homework (2024)

Case: Secretary of State for Business & Trade v Mercer

The Supreme Court found UK law to be incompatible with human rights obligations because it didn’t protect workers from detriment short of dismissal for striking. Over to Parliament for a fix in the form of the Employment Rights Bill – one of the reasons for the changes coming in this Autumn.

10. Long COVID Can Be a Disability (2022)

Case: Burke v Turning Point Scotland

An Employment Tribunal found long COVID symptoms rendered the claimant “disabled” under the Equality Act. Not a binding precedent, but a wake-up call for employers. A not so fun fact; the weekly cases of Covid in the UK right now (September 2025) is still over 1,000 per week.

Key Takeaways

• Status is substance: Control matters more than what the contract says (Uber, Pimlico).
• Holiday pay rules keep evolving: From part-year entitlement (Brazel) to series claims (Agnew).
• Beliefs are protected but proportionality is king: Forstater and Higgs highlight the balance.
• Industrial action protections are shifting: Mercer forces legal reform with the Employment Rights Bill looking to enforce these reforms.
• COVID’s legal legacy is still unfolding: Health and Safety refusals and disability status both remain in play.

Final thought: Employment law isn’t just about contracts and clauses, it’s about people, politics, and sometimes a bit of unexpected drama. If you do have any concerns about any of the topics included in these cases and what to talk through what it means for your business, just give us a call on 07823 880202 or email at hello@empowr.uk.