In a guideline ruling, the Court of Appeal recently found that two care workers were not entitled to be paid the National Minimum Wage (NMW) for time when they were asleep during sleep-in-shifts. Noting that the conflicting authorities had given rise to a need for clarification of the law on the point, the Court found…
We participated in Solicitors Chat yesterday on Twitter answering questions about gender-balance in the workplace and looking at the law around gender equality and discrimination in the workplace. Our Trainee Legal Executive, Lucy Watson, was on hand to provide some much needed guidance. We’ve set out our answers out below. 1. What is The Equality…
The Court of Appeal has given important guidance on the correct interpretation of the Working Time Regulations 1998 (WTR) in ruling that a railway signalman’s rights were not breached by his employer’s failure to afford him a 20-minute uninterrupted break in every six hours he worked. The signalman provided relief cover at a number of…
The Government has published guidance explaining the powers available to Employment Tribunals (ETs). This is based on feedback from users of the service which suggested there was a lack of awareness on this issue. Using case law examples to illustrate how ETs have used the powers at their disposal in the past, the guidance aims…
Workplace disciplinary proceedings are always tense and it is vital to remember that their reasonableness is likely to be examined in detail by Employment Tribunals (ETs) after the event. In a case on point, a carpenter who was sacked after being accused of describing gay people as his pet hate succeeded in unfair wrongful dismissal…
With parts of the UK expecting heavy snowfall over the coming days, employers and employees will be preparing themselves for the potential impact of severe weather conditions. So where do employer’s (and employee’s in return) stand if your employee’s can’t attend work due to adverse weather? Do you have to pay employees if they are…
Whether it is a workplace disciplinary or grievance, or even a redundancy procedure, none are pleasant experiences for either employers or employees. It is therefore understandable that employers may wish to deal with them as quickly as possible and without following their own procedures and policies. However, by doing so may cost employers heavily in…
Not all disabilities are obvious and employers cannot be guilty of discrimination if they are unaware of a worker’s impairment. The point was made by a decision of the Employment Appeal tribunal (EAT) concerning a postal worker who suffered from chronic hypertension. The man’s condition, which was diagnosed four years before he began the relevant…
Nobody wants to be a Scrooge at Christmas, but as an employer you need to be aware of the risk of unpleasant incidents occurring and take preventative steps to stop you suffering a hangover and the risk of Employment Tribunals long after the festive period has ended. Employees may not be aware or understand that…
Workplace disciplinary proceedings are never pleasant and it is understandable that employers may wish to deal with them as swiftly as possible. However, in one case, an engineering company paid heavily for its impatience in refusing to adjourn a hearing so that a worker could be accompanied by a trade union official. The woman was…
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