Was compulsory retirement at 70 legal?

Yes, said the employment tribunal in White v Ministry of Justice. Background Mr White was a retired circuit judge. He claimed that the Ministry of Justice’s statutory requirement to retire at age 70 was age discrimination. He argued that, at… 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

Holiday pay/overtime important update

We report on the latest development in the claims for underpaid holiday, and the decision that non-guaranteed overtime should be included in the cases going under the banner Bear Scotland v. Fulton. The Bear case was one of a group… Read on

Sports Direct backs down on zero-hours contracts

As part of an out-of-court settlement, Sports Direct has agreed to rewrite its job adverts and employment contracts to make it clear that its zero hours staff (nearly 90% of its workforce) are not guaranteed work. Zahera Gabriel-Abrahem, who was… Read on

Bonus payments discretionary

In the case of Brogden v Investec Bank, the High Court considered whether the amount of a bonus pool was discretionary, meaning that Investec was required to act in good faith in calculating it. The bankers in question had received… Read on

Round-up of Employment Law Changes in October 2014

National Minimum Wage The new rates of National Minimum Wage for the year 1 October 2014 – 30 September are published: Read the current rates of NMW here Equal pay audits Employment Tribunals must order an equal pay audit upon… 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