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Minimum wage and tips

Shepherd & Wedderburn LLP
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United Kingdom
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June 11 2009

The Government has announced that it will introduce legislation, to come into effect on 1 October 2009, to prevent tips being used to top up wages to meet the national minimum wage

Individual not a worker where contract permitted unlimited substitution

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

Substitution clauses in agreements with contractors have again been looked at by the EAT, this time in the case of Premier Groundworks v Josza

2009 Budget report

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

There is to be a one-off increase from £350 to £380 in the maximum week's pay that can be taken into account for the purposes of calculating statutory redundancy pay

Consultation on implementation of Agency Workers Directive

Shepherd & Wedderburn LLP
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European Union, United Kingdom
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May 15 2009

The Agency Workers Directive provides for equal treatment of agency workers after 12 weeks' employment

Consultation on amendments to the Pregnant Workers Directive

Shepherd & Wedderburn LLP
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European Union, United Kingdom
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May 15 2009

The Government is seeking views on the European Commission's proposal to amend the Pregnant Workers Directive

NHS Agenda for Change was not discriminatory

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

An employment tribunal has, at a pre-hearing review, rejected a challenge to the introduction into the NHS of the "Agenda for Change" (AfC) pay structure and, in particular, the three pay protection arrangements that the Trusts have put in place in order to provide a cushion for employees who would otherwise have suffered a pay reduction (Hartley and others v Northumbria NHS Foundation Trust and others

Employment terminated on the date that pay was stopped

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

The Court of Appeal has held that stopping an employee's pay while he was suspended on full pay demonstrated a clear intention to terminate his employment

Consultation on multiple discrimination

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

The Government is yet to decide on whether to make specific provision in the Equality Bill for multiple discrimination claims resulting from a combination of protected characteristics, for example a claim by a black woman who has suffered a detriment not encountered by a black man or a white woman

Swine flu time to dust off your old SARS and bird flu plans?

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

Although the World Health Organisation currently puts the level of threat posed by swine flu at level 5 (meaning that a pandemic is considered to be imminent), so far the actual threat in the UK to human life or the economy has been negligible

Disability discrimination day-to-day activities on night shifts

Shepherd & Wedderburn LLP
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United Kingdom
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May 15 2009

The EAT has clarified that, where an activity is something that is only done at work, it can still be a "normal day-to-day activity" for the purposes of the Disability Discrimination Act if it is common to different types of employment (Chief Constable of Dumfries and Galloway Constabulary v Adams