In a guideline ruling, the Court of Appeal recently found that on a straightforward reading of the National Minimum Wage Regulations 1999, two care workers who were expected to sleep for all or most of their shifts and were provided with suitable facilities were entitled to be paid the National Minimum Wage (NMW) for time when they were required to be awake for the purpose of performing some particular task, but not for time when they were asleep (Royal Mencap Society v Tomlinson-Blake and Shannon v Jaikishan and Another). Continue reading →

The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 established a minimum standard of fairness for part-timers so that they cannot be treated less favourably than comparable full-time co-workers, unless the treatment is justified on objective grounds. Continue reading →

The general rule is that employees who work outside Britain cannot bring complaints before domestic Employment Tribunals (ETs). However, as a guideline Court of Appeal decision showed, there are exceptions and the issue of where the territorial reach of UK employment law finds its limits is highly fact sensitive (The British Council v Jeffery). Continue reading →

Many employers require their staff to sign copyright agreements by which they give up their intellectual property rights to designs or other works created in the course of their employment. In an important decision concerning a luxury leather goods manufacturer, the Employment Appeal Tribunal (EAT) ruled that one such agreement was a proportionate means of achieving a legitimate aim (Gray v Mulberry Company (Design) Limited). Continue reading →

Statistical evidence, however striking, is rarely enough to prove discrimination in the workplace, a correlation not being the same as a causal link. However, in Brando-Calderon v Co-operative Group Limited, the fact that there was not a single non-white manager of a retail chain’s 81 stores in a particular region had a persuasive impact on an Employment Tribunal (ET) in determining that the claimant had suffered direct discrimination because of his race. Continue reading →

A dismissed university professor has succeeded in keeping alive her hopes of winning compensation for sex and disability discrimination. In ruling on her case, the Employment Appeal Tribunal (EAT) succinctly defined the legal tests that should be applied in disability cases (Sheikholeslami v University of Edinburgh). Continue reading →

A case heard by the Privy Council makes required reading for any employer who provides non-contractual benefits to their employees. Continue reading →

The process of making staff redundant needs careful handling, as was illustrated by a recent case in which a charity that failed to consult an IT support worker before terminating his contract only narrowly defeated his unfair dismissal claim (Colquhoun v Independent Living Support Limited). Continue reading →

It is normally essential at all stages of an employment law claim to provide the necessary documentation and to meet the requisite deadlines. It is therefore sensible to put your case in the hands of solicitors, who have systems in place for ensuring time limits are met. Continue reading →

Questions asked of job applicants at interview should be carefully considered in advance and formulated with the benefit of legal advice. In one case where that signally did not happen, a 67-year-old man who was turned down for a park attendant’s job succeeded in an age discrimination claim (James v Coedffranc Community Council). Continue reading →