‘In an important decision, the Court of Appeal in Bath Hill Court v Coletta has held that, in an unauthorised deduction of wages claim for non payment of the national minimum wage in the ET, there is no backstop on the recovery of deductions, enabling Mr Coletta to claim 15 years’ worth of losses.’
Old Square Chambers, 17th October 2019
Source: www.oldsquare.co.uk
‘A scheme for the naming of employers found to be in breach of the UK’s national minimum wage (NMW) has been suspended while the government reviews the scheme.’
OUT-LAW.com, 12th June 2019
Source: www.out-law.com
‘The judgment of the English Court of Appeal in Uber B.V. & others v Aslam & others (Case No: A2/2017/3467; 19 December 2018) has been hailed as a victory for workers. Uber’s business model, in common with many digital platforms, depends on classifying its drivers as independent contractors, who do not enjoy the rights of “employees” or “workers”. In essence, the majority of the Court endorsed the finding of the Employment Tribunal (ET) that these contractual provisions “do not correspond with the practical reality” and that the notion of Uber in London as “a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous.”’
Oxford Human Rights Hub, 14th January 2019
Source: ohrh.law.ox.ac.uk
‘Uber has lost an appeal against a ruling that its drivers should be treated as workers rather than self-employed.’
BBC News, 19th December 2018
Source: www.bbc.co.uk
‘Uber drivers are estimated to be more than £18,000 out of pocket because the ride hailing company refuses to recognise a two-year-old ruling entitling them to holiday pay, a minimum wage and rest breaks.’
The Guardian, 28th October 2018
Source: www.theguardian.com
‘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.’
OUT-LAW.com, 31st August 2018
Source: www.out-law.com
‘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.’
Cloisters, 11th July 2018
Source: www.cloisters.com
‘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.’
Cloisters, 13th July 2018
Source: www.cloisters.com
‘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.’
Local Government Lawyer, 13th July 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Guardian, 6th July 2018
Source: www.theguardian.com
‘Drivers delivering goods for Amazon are to fight for better employment rights, including sick pay, holiday pay and the national minimum wage.’
The Guardian, 4th June 2018
Source: www.theguardian.com
‘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.’
The Guardian, 30th April 2018
Source: www.theguardian.com
‘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.’
BBC News, 9th March 2018
Source: www.bbc.co.uk
‘Workers whose bosses failed to pay the National Minimum Wage are to be refunded a record £2m, the government has revealed.’
BBC News, 16th August 2017
Source: www.bbc.co.uk
‘Judge rules cycle courier should have been treated as employed worker with rights to holiday pay and the minimum wage.’
The Guardian, 2nd August 2017
Source: www.theguardian.com
‘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.’
The Guardian, 4th July 2017
Source: www.theguardian.com
‘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.’
Local Government Law, 22nd May 2017
‘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.’
Cloisters, 27th April 2017
Source: www.cloisters.com
‘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.’
The Guardian, 19th April 2017
Source: www.guardian.co.uk
‘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.’
Cloisters, 9th February 2017
Source: www.cloisters.com
© Inner Temple Library 2019