Holiday pay: new decision

The long running litigation in Bear Scotland has reached the Employment Appeal Tribunal again. The Court has confirmed that a gap of 3 months or more in any underpayments of wages will break the “series of deductions” for unlawful deduction… Read on

Can a ‘worker’ have two employers?

Background The claimant in this case (Dr Day) was engaged by both Health Education England and the NHS has recently won a whistle blowing claim against both employers. In order to succeed against HEE, he first needed to deal with… Read on

Sleeping-in: pay?

When does a requirement to sleep for work count as time that should be paid? The EAT has given clear guidelines. Background Under Regulation 32 of the National Minimum Wage Regulations 2015, workers are entitled to be paid when they… Read on

Six key points about the rules on working time

Working Time Regulations apply to all types of workers and sets limits to govern the hours most workers can work. The six key points the Working Time Regulations provide rights to are: To work a maximum of 48 hours per Read on

Gov’t employment status report published

The Department for Business, Energy and Industrial Strategy (BEIS) has published a report dealing with employment status. This is timely, with the so-called ‘gig economy’ coming increasingly under the spotlight. The report recognises the difficulty employers face deciding whether the… Read on

CitySprint – further case on gig economy

Hot on the heels of Uber, we report on an employment tribunal decision going against CitySprint, and a further nail in the coffin for the gig economy. Background This claim was brought by Maggie Dewhurst. As a CitySprint bicycle courier… Read on

What are Sunday working rights?

Sunday working rights are legal rights given to shop and betting workers. Workers in these industries cannot be forced to work on Sundays, as they are able to ‘opt-in’ or ‘opt-out’ of Sunday working. The rights are given to workers… Read on

Time for lunch?

The EAT has held that an employer may be deemed to have ‘refused’ to permit rest breaks even if an employee has not expressly requested them. It is enough, simply, where an employer puts in place working arrangements such as… Read on

Guide: are your contractors ‘workers’?

The Tribunal decision on Uber drivers will concern everyone who employs freelancers and treats them as genuinely self-employed. How can you tell whether your freelancers are, in fact, workers and therefore entitled to paid holiday, minimum wage etc.? To what… Read on

Uber drivers are entitled to holiday pay

The Employment Tribunal has made an important decision which looks set to have far wider importance than the 40,000 Uber drivers it directly affects. Background As is well known, Uber works by providing customers with cab rides which are booked… Read on