Ms A Khatun v Winn Solicitors Ltd

Introduction Hello and welcome to our case of the week. This week, we look at the importance of maintaining proper procedures in the dismissal process (even in exceptional times such as last year). Facts Ms A Khatun (the Claimant) was employed as a solicitor by Winn Solicitors Ltd (the Respondent). The Respondent are a Newcastle [...]

By |2021-06-02T16:32:01+00:00April 23rd, 2021|Pay Cut|0 Comments

March 2021 Newsletter

Hello and welcome to our monthly newsletter. It’s been an interesting month in employment law, with two decisions from the Supreme Court. The first found that Uber drivers are workers and are therefore entitled to holiday pay and the national minimum wage. The second (covered below) concerns the national minimum wage in the context of [...]

Royal Mencap Society v Tomlinson- Blake & Shannon v Rampersad and another (T/A Clifton House Residential Home)

Supreme Court Clarify National Minimum Wage Point The first case this month looks at the National Minimum Wage (NMW). Specifically, it considers whether night-shift workers who are allowed to sleep on shift are entitled to the NMW. Facts The Supreme Court heard two separate cases together, as they concerned the same point of law. Both [...]

Shielding Employees Refusing to Work, Statutory Sick Pay Furlough

Where shielding employees can work from home, they should. Where they can’t, government advice is that they should not attend work. Employees who are shielding can be furloughed to mitigate the financial impact on them of having to shield (subject to meeting the qualifying rules of the furlough scheme). Under the furlough rules, employers are [...]

Guidance for Employers on Employees’ holiday rights

The government has issued guidance to employers on employees’ holiday rights - https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19#taking-holiday. In summary: The guidance only applies to the statutory 5.6 weeks of holiday – rights in relation to holiday beyond this amount are a contractual matter between employers and employees. Employees do accrue holiday whilst on furlough. Employers can require employees to [...]

Chelmsford Unisex Hair Salon Ltd v Grunwell

There is no question this week but this case serves as a classic example of way an ostrich approach to Tribunal defences is not a good strategy. Ms Grunwell, the Claimant, bought claims for unpaid holiday and maternity discrimination against Chelmsford Unisex Hair Salon, the Respondent. Her claim alleged she was dismissed by the Respondent [...]

The 358 page long Coronavirus Act 2020 received Royal Assent yesterday.

The Act introduces a wide range of measures. Tucked away in section 8 and schedule 7 of the Act (http://www.legislation.gov.uk/ukpga/2020/7/pdfs/ukpga_20200007_en.pdf - see page 96), is a new right for workers (note workers – not only employees) to take Emergency Volunteering Leave. The provisions only apply to employers with a headcount of 10 or more. The [...]

Amendments to the SSP Regs have been made and come into force today:

Highlights: Self-isolaters from Coronavirus will be eligible for sick pay. No need to be sick just self-isolating. http://www.legislation.gov.uk/uksi/2020/287/pdfs/uksi_20200287_en.pdf?mc_cid=03442dec30&mc_eid=f0c14693a9 We await amended regulations for SSP to be reclaimable for SMEs and to be payable from day one.

Equal Pay – Sarah Montague and the BBC

Following the Samira Ahmed judgment last week, where the BBC lost an equal pay claim after it was found a female presenter/journalist was paid less than male comparator Jeremy Vine, the BBC has began rolling out the settlement of other similar equal pay claims. It is believed that in total, the combined settlement figures equate to more than £3m. [...]

By |2020-03-02T11:16:40+00:00March 2nd, 2020|Equal Pay|0 Comments

Cases to look out for in 2020

We have already covered a few big cases of the year, including the BBC equal pay case from two weeks ago. However here are a few cases to look out for in 2020: Aslam v Uber: The Supreme Court will finally give definitive and, more importantly, unappealable judgment on the employment status case of Uber drivers. Currently [...]

Samira Ahmed v the BBC

  This week’s case of the week is Samira Ahmed v the BBC. The case is an excellent answer to the following question: How are Equal Pay cases determined? An Equal Pay claim is a claim that an equality clause in a contract has not been adhered to. Every contract of employment has an implied [...]

By |2020-01-28T18:25:13+00:00January 16th, 2020|Case of the Week - Blog, Equal Pay|0 Comments

Current Affairs – Lower Pay for Disabled Staff

Following the introduction of gender pay gap reporting in 2017, other forms of pay reporting have been touted as a means to identify and address other demographics that are likely to hit a glass ceiling and see their pay and career opportunities stifled. This month the Office of National Statistics’ published data which estimated disabled [...]

By |2019-12-24T16:54:33+00:00December 19th, 2019|Equal Pay|0 Comments

Samantha Cameron and Unpaid Internships

From one gig economy article to another. There was a time when SamCam rivalled Kate Middleton as the woman who spawned a thousand “NAME looks ADJECTIVE in CLOTHING at EVENT” articles on the sidebar of shame. These days, since the Camerons have taken a back seat post-referendum, Samantha Cameron has been focusing on her high-end [...]

By |2019-12-24T17:12:09+00:00November 29th, 2019|National Minimum Wage|0 Comments