Tribunal awards 10 UK homecare workers £10,000 each in back pay – The Guardian
‘Ruling says travel and waiting time between cases should be treated as working time.’
The Guardian, 15th September 2020
Source: www.theguardian.com
Category: minimum wage
Now That We Care About Carers: Temporal Casualisation in Mencap and Uber – Oxford Human Rights Hub
‘A few weeks before the lockdown, one of the most important UK labour law cases of the last decade was heard by the Supreme Court. Royal Mencap Society v Tomlinson Blake has not attracted the attention paid to the Uber litigation, also to reach the Supreme Court later this year. Yet Mencap will have significant ramifications for a segment of the British workforce at the front line of the coronavirus response, namely care workers.’
Oxford Human Rights Hub, 27th April 2020
Source: ohrh.law.ox.ac.uk
Bath Hill Court v Coletta [2019] EWCA CIV 1707 – Old Square Chambers
‘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
National minimum wage naming scheme suspended – OUT-LAW.com
‘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 Employment Rights of Uber Drivers: A Battle Won, the War Goes On – Oxford Human Rights Hub
‘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 loses latest legal bid over driver rights – BBC News
‘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 ‘£18,000 poorer’ as firm appeals two-year-old tribunal order – The Guardian
‘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
Social Care Compliance Scheme to continue despite Mencap decision – OUT-LAW.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
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.’
Cloisters, 11th July 2018
Source: www.cloisters.com
Court of Appeal in Mencap: The end of minimum wage for sleep-ins when asleep? – Cloisters
‘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
Care provider wins Court of Appeal battle over sleep-in shifts and minimum wage – Local Government Lawyer
‘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
Back pay worth £1.44m owed to thousands of UK workers, official figures show – The Guardian
‘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
Amazon delivery firms face legal action over workers’ rights – The Guardian
‘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
Hermes faces legal fight with some drivers over worker rights – The Guardian
‘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
Wagamama fined for failing to pay the minimum wage – BBC News
‘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
National Minimum Wage: Workers win £2m compensation – BBC News
‘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
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.’
The Guardian, 2nd August 2017
Source: www.theguardian.com
UK minimum wage law ‘should cover more self-employed workers’ – The Guardian
‘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
National Minimum Wage – Local Government Law
‘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
Sleep-in workers revisited: a multi-factorial approach to eligibility for the minimum wage – Cloisters
‘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
