Entrepreneur shareholder an employee despite no pay

The Court of Appeal has held that an investor in a company was an employee despite his substantial shareholding in the business, other business interests, and absence of any remuneration. Background Mr Stack, the Claimant in this case, was the… Read on

Forced repayment of training costs lawful

Was it lawful for a company to force their employee to repay their training costs even though this effectively took them below the minimum wage? Yes it was, where the contract was clear about this, and the dismissal was the… Read on

Holiday pay: new case

Could a commission-only worker claim that not paying him for annual leave effectively prevented him from taking it, and that he should be compensated? Potentially yes, said the EAT in the recent case of the Sash Window Workshop Limited v.… Read on

Shared parental leave now in force

The intricate regulations dealing with shared parental leave and shared parental pay came into force on 1 December 2014. The regulations let both parents share parental leave during the first year after the child’s birth or adoption, with an entitlement… Read on

Apprentices were actually employees

In the recent case of HMRC v. Holmescales Riding Centre 2014, the EAT held that a riding school’s trainees were in reality ordinary employees and not apprentices. Accordingly, the trainees were entitled to receive the National Minimum Wage applicable to… Read on

Should payslips specify pay deductions?

Yes, or the employer may have to forfeit the debt said the Employment Appeal Tribunal in Ridge v HM Land Registry. Background Mr Ridge had exhausted his sick pay entitlement. His pay was adjusted by his employer for the month-end… Read on

Snow: lift to work in a 4×4 compulsory?

Weather conditions are notoriously extreme on the roads approaching HMP Dartmoor. The prison has a detailed adverse weather policy, which requires employees to gather up at a pick-up point, at a local supermarket, when conditions are poor. In January 2013,… Read on

What are unlawful deductions?

‘Unlawful deductions from wages’ refers to money taken from worker’s wages without proper authority. There are circumstances in which an employer can legitimately make deductions, for example to recover an overpayment of wages or to enforce a court order. Other… Read on