As we adapt to the new working environment, many of you are considering asking your people to split their time between working from home and attending the workplace. Employees may have been working flexibly because of the pandemic and you may wish to make this arrangement permanent, particularly if they have performed to, or above…
In Case transcript of Tomlinson-Blake v Royal Mencap Society; Shannon v Rampersad and another (t/a Clifton House Residential Home)the Supreme Court decided that sleep-in care workers are entitled to be paid the national minimum wage only when they are awake to work, not when they are sleeping. Mencap employed Mrs Tomlinson-Blake. She provided care and…
In a recent Tribunal discrimination case at the Employment Appeal Tribunal the employer’s defence that it had provided equality and diversity training was criticised. The perpetrator and three others who were aware of the discrimination had participated in training, but it had been provided two years previously and was declared ‘stale’ and ‘ineffective’. The tribunal…
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The Supreme Court has handed down its decision today (19th March 2021) in Royal Mencap Society v Tomlinson-Blake and another case. In its judgment the court recognised the importance of carers and wardens who help to look after those who through age or infirmity cannot look after themselves. Carers are among those who work sleep-in…
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Pimlico Plumbers has made the news by confirming its intention to make it a contractual obligation for new starters to have the Covid-19 vaccine, and to change its existing contracts to include the obligation for existing staff members. However, much has been made about the validity of this decision and whether the company is able…
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In Allay (UK) Ltd v Gehlen UKEAT/0031/20 (4 February 2021) we were reminded of the importance of effective and regular training on diversity. Allay dismissed Mr Gehlen for performance-related issues. He raised a claim of racial harassment. Allay agreed that one of its employees had made racist comments towards Mr Gehlen. However, it sought to…
Owing to the continuing effects of the Covid-19 pandemic, the Equality and Human Rights Commission (EHRC) has suspended enforcement of the gender pay gap reporting deadlines for the 2020/2021 reporting year to 5th October 2021. Under the Equality Act 2010 (Specific Duties) Regulations 2011 (SI 2011/2260) and the Equality Act 2010 (Gender Pay Gap Information)…
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From 6th April 2021, the scope of the Off-Payroll Working Rules (IR35) will be expanded to cover medium and large private sector organisations, employment agencies and third parties within the labour supply chain. The hiring business or end-user will be responsible for determining the tax status of any contractors engaged through an intermediary. Where the…
In Uber BV and others v Aslam and others the Supreme Court confirmed that the Uber drivers in the United Kingdom are entitled to core rights such as paid holiday and the national minimum wage. What Is the Issue? In the United Kingdom, there are three categories of employment: employees, workers and self-employed contractors. Each…
[ READ MORE ] from Uber drivers are ‘workers’ for UK employment law purposes
It is almost a year since Prime Minister Boris Johnson announced a three-week national lockdown. So much has changed but the government guidance remains that if you can work effectively at home, you should. Many of us will continue to work predominantly at home even when the government lifts the restrictions. The first lockdown caught…
Yes, according to Kubilius v Kent Foods Ltd ET/3201960/2020 (10 February 2021) Mr Kubilius was employed as a delivery driver by Kent Foods Ltd (Kent). Kent’s employee handbook required courteous treatment of clients and that employees take all reasonable steps to safeguard their health and safety and that of others as a result of their…
[ READ MORE ] from Can you dismiss someone for not wearing a facemask?
Your employees carried annual leave over from the last holiday year. Despite the vaccine, we still face restrictions on holidaying abroad and how we can interact in the UK. So, people may still be reluctant to book annual leave. Eventually, you’ll need everyone at work, not on holiday. So, where do you stand? Can you…
