Category: minimum wage

Now That We Care About Carers: Temporal Casualisation in Mencap and Uber – Oxford Human Rights Hub

Posted April 28th, 2020 in carers, coronavirus, minimum wage, news, Supreme Court, taxis by sally

‘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.’

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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

Posted October 30th, 2019 in appeals, compensation, employment tribunals, limitations, minimum wage, news, remuneration, statutory interpretation, time limits by sally

‘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.’

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Old Square Chambers, 17th October 2019

Source: www.oldsquare.co.uk

National minimum wage naming scheme suspended – OUT-LAW.com

Posted June 12th, 2019 in budgets, disclosure, employment, enforcement, minimum wage, news, remuneration, statistics by tracey

‘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.’

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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

Posted January 16th, 2019 in contract of employment, holidays, minimum wage, news, self-employment, taxis by sally

‘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.”’

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Oxford Human Rights Hub, 14th January 2019

Source: ohrh.law.ox.ac.uk

Uber loses latest legal bid over driver rights – BBC News

Posted December 20th, 2018 in holiday pay, minimum wage, news, self-employment, taxis by tracey

‘Uber has lost an appeal against a ruling that its drivers should be treated as workers rather than self-employed.’

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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

Posted October 29th, 2018 in holiday pay, minimum wage, news, taxis by sally

‘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.’

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The Guardian, 28th October 2018

Source: www.theguardian.com

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

Posted August 9th, 2018 in contracts, damages, harassment, minimum wage, news, personal injuries, trafficking in human beings by sally

‘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

Posted August 3rd, 2017 in contract of employment, employment tribunals, holiday pay, minimum wage, news, self-employment by tracey

‘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

Posted April 20th, 2017 in appeals, employment, employment tribunals, flexible working, minimum wage, news, self-employment, sick leave, taxis by sally

‘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