Included in this Employment Up to Date: national minimum wage: no requirement to pay care-workers for hours spent sleeping during sleep-in shifts; discrimination compensation: assessing the impact of permanent health insurance benefits; and more.
National minimum wage: no requirement to pay care-workers for hours spent sleeping during sleep-in
Employers in the care sector will welcome the Court of Appeal's recent decision in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (t/a Clifton House Residential Home). The Court held that workers are not entitled to the national minimum wage (NMW) for sleep-in shifts where the expectation is that they will sleep but be on-call to deal with emergencies.
Working time: voluntary overtime payments should have been reflected in holiday
The EAT has ruled that the Working Time Directive gives rise to an entitlement to have voluntary overtime payments reflected in holiday pay provided that such payments represent "normal pay". The question of whether such payments count as normal pay must be assessed on a case-by-case basis.
Collective redundancies: what is the right approach where collective redundancies are triggered by the strategic decision of a "controlling undertaking"?
In this case, the Advocate General provided an opinion on the application of the Collective Redundancies Directive to a German case where the strategic decision in question was taken by an entity other than the employer.
Storing and sharing personal data: a new chapter for unfair dismissal and s.152 TULRCA protection
In Morris v Metrolink RATP Dev Ltd, the Court of Appeal restored an employment judge's finding that the dismissal of a trade union official for unlawfully retaining and circulating confidential information was automatically unfair.
Discrimination compensation: assessing the impact of permanent health insurance benefits
In Colt Technology Services Ltd v Brown the EAT was asked to look at how compensation should be awarded where the Claimant had made a choice as to the level of permanent health insurance (PHI) via the Respondent's flexible benefit scheme.
Government decides not to introduce express statutory protection from caste discrimination
In March 2017, the UK Government launched a public consultation entitled Caste in Great Britain and Equality Law to collect public opinion on how best to ensure appropriate and proportionate legal protection against caste discrimination.
Immigration update: are UK immigration rules causing a storm to counter the current heat-wave
This month's immigration update considers the Home Office launch of a new employer toolkit on settlement for EU citizens in the UK and the impact of the UK visa process on international artists' desire to perform at summer festivals across the country.
What's on the horizon?
What's on the horizon for employment lawyers and HR professionals for the remainder of 2018 and beyond. Our horizon scanner rounds up the key legislative developments and cases of interest.