For the purposes of calculating holiday pay should pay for voluntary overtime that is ‘normally worked’ be considered ‘normal remuneration’? In Dudley Metropolitan Borough Council v Willetts the EAT held that yes, it should be considered ‘normal remuneration’. In this particular case the Respondents were Quick Response Operatives that worked for the Council. They performed […]
Reductions to basic and compensatory awards
Was it unacceptable to reduce a compensatory award by 35% but not to also reduce the basic award? In University of Sunderland v Drossou the Employment Appeal Tribunal held that Yes, it was unacceptable. In this case the Claimant, a Senior Lecturer and Programme Leader, was dismissed following a restructure. The reason for dismissal was […]
Breaking News…
The Supreme Court has today given a unanimous judgement that the Employment Tribunals Fees Order 2013 (which led to a 70% reduction in claims) is unlawful and will be quashed. The Ministry of Justice then tweeted only a few hours after this judgement was announced this morning that, “the Government will take immediate steps to […]
Employee Imprisoned for Breaching Court Order
In OCS Group UK v Dadi a sentence of 6 weeks imprisonment has been imposed by the High Court on an employee who breached an interim injunction in a dispute over confidential information. Mr Dadi worked for the Claimant, an aviation cleaning contractor at Heathrow. Having found that Mr Dadi had sent confidential company information […]
Paying workers for time spent asleep during a ‘sleep-in’ shift
Should the National Minimum Wage be paid to workers for time spent asleep during a ‘sleep-in’ shift? In several similar cases a particular question arose concerning the interpretation of the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 (SI 1999/584) and 2015 (SI 2016/621). The question was whether employees who slept-in […]
The Taylor Report – points of interest…
The Taylor Review – now renamed the ‘Good Work’ report, has recently been published. There are a number of points of interest but here are our top ten:- Establishing employment status – the future of the worker – There is confusion in the current three tier system and the two categories of people that are […]