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 [...]
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 [...]
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 [...]
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 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 [...]
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.
PJH Law has given regular updates on Samira Ahmed’s equal pay claim. As you will know Samira won her claim of equal pay, with her comparator being Jeremy Vine. The case has now settled. A word of warning to our readers. When reading any employment tribunal case reports in the press, the press are in our experience inaccurate [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
The Harpur Trust v Brazel: How should holiday pay be calculated for casual workers who only work part of the year or term-time?
Good morning and welcome back to your weekly case law update. Last week we had two cases for you, the first concerned trade union negotiated collective agreements and the second looked at contractual illegality and the right to work in the UK. This week we revert back to the mean and only have […]