Social Care Compliance Scheme to continue despite Mencap decision – OUT-LAW.com

Posted September 3rd, 2018 in care workers, charities, minimum wage, news by sally

‘A national minimum wage (NMW) back pay compliance scheme for care sector employers will continue to operate in its current form despite a recent court judgment on how staff should be compensated for overnight ‘sleep-in’ shifts.’

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OUT-LAW.com, 31st August 2018

Source: www.out-law.com

Trafficking victim awarded High Court damages in minimum wage and harassment claims – Cloisters

‘Anna Beale represented the claimant, Ms Ajayi, a migrant domestic worker, in this unusual High Court claim brought against her former employers, Mr and Mrs Abu, for payment of the minimum wage, harassment, breach of contract and personal injury. In August 2017, the court found that the “family worker” exemption to the requirement to pay the minimum wage did not apply in this case. The quantification of that claim, together with Ms Ajayi’s other claims, was dealt with in a further hearing, the final judgment from which has recently been released.’

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Cloisters, 11th July 2018

Source: www.cloisters.com

Court of Appeal in Mencap: The end of minimum wage for sleep-ins when asleep? – Cloisters

Posted August 7th, 2018 in care workers, mental health, minimum wage, news by sally

‘Nathaniel Caiden considers today’s Court of Appeal judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad in which Caspar Glyn QC and Chesca Lord appeared for Mr Shannon.’

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Cloisters, 13th July 2018

Source: www.cloisters.com

Care provider wins Court of Appeal battle over sleep-in shifts and minimum wage – Local Government Lawyer

Posted July 16th, 2018 in care workers, minimum wage, news by tracey

‘The National Minimum Wage (NMW) does not apply to sleep-in shifts unless the worker is awake for the purpose of working, the Court of Appeal has reportedly ruled. It has been estimated that if Mencap, the appellant, had lost the case, it would have cost the care sector an estimated £400m in back-dated pay and £200m a year from 2020.’

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Local Government Lawyer, 13th July 2018

Source: www.localgovernmentlawyer.co.uk

Back pay worth £1.44m owed to thousands of UK workers, official figures show – The Guardian

Posted July 6th, 2018 in fines, minimum wage, news, repayment by tracey

‘About 22,400 UK workers were owed back pay worth £1.44m as a result of the underpayments – a record number of people found by HM Revenue & Customs to have fallen victim to illegally low pay.’

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The Guardian, 6th July 2018

Source: www.theguardian.com

Amazon delivery firms face legal action over workers’ rights – The Guardian

Posted June 4th, 2018 in holiday pay, minimum wage, news, self-employment, sick leave by sally

‘Drivers delivering goods for Amazon are to fight for better employment rights, including sick pay, holiday pay and the national minimum wage.’

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The Guardian, 4th June 2018

Source: www.theguardian.com

Hermes faces legal fight with some drivers over worker rights – The Guardian

Posted April 30th, 2018 in holiday pay, minimum wage, news, self-employment, sick leave by tracey

‘The delivery company Hermes faces a legal battle with a group of its own drivers today, in the latest case promising to have major ramifications on labour rights in the growing gig economy.’

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The Guardian, 30th April 2018

Source: www.theguardian.com

Wagamama fined for failing to pay the minimum wage – BBC News

Posted March 9th, 2018 in fines, minimum wage, news by tracey

‘Restaurant chains Wagamama and TGI Fridays have each been fined an undisclosed amount for failing to pay staff the National Minimum Wage. They were among 43 employers in the hospitality sector on the government’s latest list of firms breaking the law.’

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BBC News, 9th March 2018

Source: www.bbc.co.uk

National Minimum Wage: Workers win £2m compensation – BBC News

Posted August 17th, 2017 in compensation, fines, minimum wage, news by sally

‘Workers whose bosses failed to pay the National Minimum Wage are to be refunded a record £2m, the government has revealed.’

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BBC News, 16th August 2017

Source: www.bbc.co.uk

Addison Lee suffers latest defeat in legal row over gig economy rights -The Guardian

‘Judge rules cycle courier should have been treated as employed worker with rights to holiday pay and the minimum wage.’

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The Guardian, 2nd August 2017

Source: www.theguardian.com

UK minimum wage law ‘should cover more self-employed workers’ – The Guardian

Posted July 4th, 2017 in flexible working, minimum wage, news, reports, self-employment by sally

‘The government should step in to help those suffering from extreme low pay by extending minimum wage legislation so that it covers minicab drivers and other parts of the 4.8 million-strong self-employed workforce, a thinktank has urged.’

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The Guardian, 4th July 2017

Source: www.theguardian.com

National Minimum Wage – Local Government Law

Posted May 23rd, 2017 in appeals, employment, employment tribunals, minimum wage, news by tracey

‘The three appeals to the Employment Appeal Tribunal in cases including Focus Care Agency Ltd v Roberts, UKEAT/0143/16/DM, consider the proper approach to the question whether employees who “sleep-in” in order to carry out duties if required engage in “time-work” for the full duration of the night shift, or whether they are entitled to the National Minimum Wage, under the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 and 2015, only when they are awake and carrying out relevant duties.’

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Local Government Law, 22nd May 2017

Source: www.11kbw.com/blogs/local-government-law

Sleep-in workers revisited: a multi-factorial approach to eligibility for the minimum wage – Cloisters

Posted May 16th, 2017 in appeals, employment, employment tribunals, minimum wage, news by sally

‘Anna Beale considers the most recent guidance from the EAT on the vexed question of whether workers should receive the minimum wage for “sleep in” shifts.’

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Cloisters, 27th April 2017

Source: www.cloisters.com

Uber granted right to appeal against ruling on UK drivers’ rights – The Guardian

‘Uber has been granted the right to appeal against last year’s landmark ruling that its UK minicab drivers should be treated as employed workers with rights to the minimum wage and sick pay.’

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The Guardian, 19th April 2017

Source: www.guardian.co.uk

Certainty for all: a plea to the Taylor Review by Caspar Glyn QC, Anna Beale & Nathaniel Caiden – Cloisters

Posted February 22nd, 2017 in carers, employment, minimum wage, news by sally

‘In November 2016, the government commissioned a review of modern employment practices. It is being led by Matthew Taylor and will focus on what has become known as the “gig economy”. In this blog, we summarise our written evidence to that review. Our central plea was that our legislators provide certainty for all. In our view this can best be achieved by extending basic workers’ rights to all but the truly self-employed.’

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Cloisters, 9th February 2017

Source: www.cloisters.com

Tax barrister plans to take Uber to court over alleged £20m black hole – The Guardian

‘A leading tax lawyer is planning to challenge Uber in the courts over what he alleges could be a £20m-a-year black hole in its tax payments in the UK.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

Courier wins holiday pay in key tribunal ruling on gig economy – The Guardian

‘A cycle courier working for the delivery firm CitySprint has won the right to paid holidays and minimum pay in a key ruling on the gig economy.’

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The Guardian, 6th January 2017

Source: www.guardian.co.uk

Government names new chief to lead crackdown on worker exploitation – The Guardian

Posted January 5th, 2017 in employment, gangmasters, immigration, minimum wage, news by tracey

‘The government has moved to crack down on unscrupulous employers by appointing a new boss to lead the collection of government bodies tasked with stamping out exploitation in the workplace. Prof Sir David Metcalf, a founding member of the Low Pay Commission and former chairman of the Migration Advisory Committee, was named on Thursday as the first director of Labour Market Enforcement.’

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The Guardian, 5th January 2017

Source: www.guardian.co.uk

Gangmasters agree to pay more than £1m to settle modern slavery claim – The Guardian

‘A Kent-based gangmaster couple have agreed to a landmark settlement worth more than £1m in compensation and legal costs for a group of migrants who were trafficked to work on farms producing eggs for high street brands.’

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The Guardian, 20th December 2016

Source; www.guardian.co.uk

Unpaid internships reform plan blocked in Commons – BBC News

Posted November 7th, 2016 in bills, minimum wage, news, remuneration, volunteers by sally

‘Reforms aimed at banning unpaid internships have been blocked after Tory backbenchers and the government spoke against the proposals in the Commons.’

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BBC News, 4th November 2016

Source: www.bbc.co.uk