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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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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…
Article

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)’…
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