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Herbert Smith Freehills LLP | United Kingdom | 7 Apr 2021
UK: Supreme Court rules that equal pay comparators can be at a different establishment where their terms are not dependent on location
Equal pay claimants can choose as comparators colleagues working at one of their employer’s establishments in a different location provided they are…
Herbert Smith Freehills LLP | European Union, United Kingdom | 31 Mar 2021
UK: EAT rules that usual time limits apply to pay claims for taken holiday, even if employer refused to provide paid leave
The Employment Appeal Tribunal (EAT) has ruled that, where a worker has taken statutory holiday but not been paid, holiday pay claims must be brought…
Herbert Smith Freehills LLP | United Kingdom | 31 Mar 2021
UK Covid-19: round-up of recent changes for employers to 31 March 2021
The pandemic has presented a constant challenge for employers in keeping up with frequent changes to rules and guidance. As the restrictions now…
Herbert Smith Freehills LLP | United Kingdom | 30 Mar 2021
UK: ECJ clarifies when periods of standby are ‘working time’
Employers who engage workers on standby or on-call shifts will welcome the clarity provided by two recent European Court of Justice rulings. The ECJ…
Herbert Smith Freehills LLP | United Kingdom | 30 Mar 2021
UK: Supreme Court ruling that NMW not payable for sleep during sleep-in shifts; position of home-work involving intermittent tasks remains unclear
The Supreme Court has ruled that care workers on sleep-in shifts are only entitled to the National Minimum Wage (NMW) for the time spent performing…
Herbert Smith Freehills LLP | United Kingdom | 30 Mar 2021
UK: employers cannot avoid rest break requirements by splitting work between contracts
Employers cannot get round working time limits by splitting a worker’s work across two or more contracts. The ECJ has ruled that, where a worker has…
Herbert Smith Freehills LLP | United Kingdom | 22 Mar 2021
UK: whistleblowers may be protected despite not expressly identifying specific type of wrongdoing
Whistleblowers do not need expressly to identify in their disclosure the specific type of legal wrongdoing alleged in order to be protected from…
Herbert Smith Freehills LLP | United Kingdom | 18 Mar 2021
UK: TUPE - EAT holds that employment contracts could be split between transferees following a service provision change
In McTear Contracts v Bennett and others, the EAT has ruled that the ECJ’s decision in Govaerts concerning business transfers (see our blog post…
Herbert Smith Freehills LLP | United Kingdom | 12 Mar 2021
UK: Court of Appeal rules on employer limits on public expression of beliefs
The Court of Appeal has made clear that employers may be able to expect individuals, particularly those holding high profile positions, to accept…
Herbert Smith Freehills LLP | United Kingdom | 22 Feb 2021
UK: Supreme Court gives landmark ruling that contractual terms are not the starting point for determining worker status, which instead requires a purposive approach to the legislation
On Friday the Supreme Court upheld the Employment Tribunal’s 2016 ruling in favour of two test claimants that, as Uber drivers, they were ‘limb (b)’…
