October/November 2018

Employment Law

/Tag:Employment Law

Key developments over the summer

Sleeping on the job
In the recent case of Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad the Court of Appeal considered whether care workers, who were contractually required to provide sleep in shifts as part of their work were entitled the national minimum wage (“NMW”) for these shifts.

The care workers were paid a fixed sum for the sleepover shift; Mrs Tomlinson-Blake was paid additional sums if called on during the night for more than an hour,

Legal challenge regarding ‘worker’ status

June saw two important decisions relating to the much litigated topic of employment status. Whilst both cases are very fact specific, they provide a timely summary of the issues that need to be assessed in determining whether your contractors are genuinely self employed or not.

Why is employment status important?
Under UK law we have 3 types of working relationships: employee, worker and self employed. There has been a great deal of litigation recently in this area.