The employers provided ‘bank nurses’ for nursing homes and other institutions on an emergency basis, including a 24 hour telephone booking service. At night employees were based at home. The ‘duty nurse’ would answered a diverted phone call and then respond. The employee was paid an amount per shift. The Minimum Wage Compliance Team thought … Continue reading British Nursing Association v Inland Revenue (National Minimum Wage Compliance Team): CA 2002
The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005
The applicants appealed a finding that their employees were workers within the regulations. The question related to whether bank nurses, who were available to be called on the telephone at home during the night, were working as they waited. The words ‘on-call’ cold not be used simply. The Tribunal is to look at the ingredients … Continue reading The British Nursing Assocation v The Inland Revenue National Minimum Wage Compliance Team: EAT 8 Jun 2001
Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975
EAT Unlawful Deduction From Wages – NATIONAL MINIMUM WAGE UNFAIR DISMISSAL – Compensation Appeal against the Employment Tribunal’s refusal of reconsideration application. Two points arose: (1) whether the ET had adopted the correct approach to the claims of unlawful deductions from wages, given statutory provision permitting such a deduction for living accommodation (National Minimum Wage … Continue reading Eastern Eye (Plymouth) Ltd v Hassan and Another (Unlawful Deduction From Wages): EAT 27 Feb 2015
EAT National Minimum Wage – Lorne Stewart paid for employees to attend courses on condition they signed an agreement to repay all or part of the cost of the course if they left within two years and providing for the money to be deducted from their final salary payment. The deduction of that money led … Continue reading Revenue and Customs v Lorne Stewart Plc (National Minimum Wage): EAT 13 Nov 2014
The Claimants worked as receptionist and warden at a caravan site operated by the Respondent. As well as having regular working hours, they were required to be ‘on call’ on certain days from the evening until 8am the next day. Whilst their contracts . .
EAT National Minimum Wage : The Appellant appealed to the Employment Tribunal against a Notice of Underpayment served by the Respondent under section 19 of the National Minimum Wage Act 1998. The ET dismissed the appeal. It found that the Appellant paid travel expenses which required to be deducted from the total payment from employer … Continue reading C and D DH Ltd (T/A Elite Homecarers) v Revenue and Customs: EAT 12 Feb 2013
EAT WORKING TIME REGULATIONS NATIONAL MINIMUM WAGE National Minimum Wage. Sheltered Housing Residential Wardens provided with ‘tied accommodation’ rent and council tax free. Contracts provided for salaried hours work of 36 hours per week. In addition, required to be ‘on call’ at tied houses outwith normal working hours on four nights during the working week. … Continue reading City of Edinburgh Council v Lauder and Others: EAT 20 Mar 2012
EAT National Minimum Wage Judges: His Hon Judge Birtles Citations: EAT/1097/02, [2003] EAT 1097 – 02 – 0306, [2003] UKEAT 1097 – 02 – 0306 Links: Bailii, Bailii, EAT Statutes: National Minimum Wage Regulations 1999& Jurisdiction: England and Wales Cited by: Reconsidered – MacCartney v Oversley House Management EAT 31-Jan-2006 EAT The Tribunal erred in … Continue reading South Holland District Council v Stamp and 13 others: EAT 14 Apr 2003
What hours does a sleep in care worker have to be paid for. Held: Sleepers-in are to be characterised for the purpose of the Regulations as available for work, within the meaning of regulation 15 (1)/32, rather than actually working, within the meaning of regulation 3/30, and so fall within the terms of the sleep-in … Continue reading Royal Mencap Society v Tomlinson-Blake: CA 13 Jul 2018
EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Julio v Jose: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage Regulations … Continue reading Jose v Julio: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2) Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National … Continue reading Chamsi-Pasha and Another v Udin and Another: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE ACT 1998 National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wages All three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum … Continue reading Udin v Chamsi-Pasha and Others: EAT 8 Dec 2011
EAT NATIONAL MINIMUM WAGE Temporary pub manager required to sleep on premises – Claim that hours in question should be taken into account in assessing whether she had been paid the national minimum wage – Tribunal, approaching the issue by reference to the definition of ‘working time’ in Working Time Regulations 1998, held that they … Continue reading Wray v JW Lees and Co (Brewers) Ltd: EAT 14 Jul 2011
The claimant challenged the amendments brought in by the 2010 Regulations. Judges: Kenneth Parker J Citations: [2010] EWHC 3442 (Admin) Links: Bailii Statutes: National Minimum Wage Regulations 1999, Minimum Wage (Amendment) (No. 2) Regulations 2010 Jurisdiction: England and Wales Employment Updated: 31 August 2022; Ref: scu.427944
EAT National Minimum Wage – The Appellant, a care worker in a residential home, was required on occasion to ‘sleep in’ at the home, in return for a flat-rate payment (‘the sleep-in payment’) which equated to an hourly payment of andpound;2.70. It was conceded by the employer that his time doing so was ‘time work’ … Continue reading Smith v Oxfordshire Learning Disability NHS Trust: EAT 24 Jun 2009
EAT WORKING TIME REGULATIONS NATIONAL MINIMUM WAGE A care worker in a residential home who was provided with accommodation so that she could discharge her duty to be on call for the residents 11 hours a night, 7 nights a week, was entitled to treat those hours as working time for the purposes of the … Continue reading Hughes v Jones and Another: EAT 3 Oct 2008
EAT NATIONAL MINIMUM WAGE The Employment Tribunal held that an employee who worked as a night watchman and could sleep for much of his shift on facilities provided for that purpose was entitled to the national minimum wage for each hour of the shift. In so doing they followed the authorities of British Nursing Association … Continue reading Burrow Down Support Services Ltd v Rossiter: EAT 25 Jun 2008
The company appealed a finding that it had been paying workers at less than the minimum hourly rate. Its workers resided at their places of work, and deductions were made toward the cost of providing accomodation etc. The company claimed that the charge for heating fell within its provision of accomodation. Held: It was a … Continue reading Leisure Employment Services Ltd v Revenue and Customs: CA 16 Feb 2007
The defendant employed seasonal workers. They deducted from their salaries before payment, fees for accomodation provided. Held: The deductions reduced the payments below the national minimum wage and were unlawful.Elis J said: ‘I take the purpose here to be specifically the elimination of payment by benefits in kind and a desire to ensure that workers … Continue reading Commissioners of Revenue and Customs v Leisure Employment Services Limited: EAT 28 Mar 2006
EAT 10BUnlawful Deduction from Wages – out of timeThe alleged ‘deduction’ from wages was in fact an alleged underpayment some time after the termination of the contract of employment. In finding that time for claiming in respect of such deduction ran from the date of termination, the Tribunal fell into error. Time would normally begin … Continue reading Arora v Rockwell Automation Ltd: EAT 21 Apr 2006
EAT The Tribunal erred in law in holding that the Appellant had received the rest breaks to which she was entitled under reg 12 of the Working Time Regulations 1998. Gallagher v Alpha Catering Services Ltd [2005] IRLR 102 applied.The Tribunal erred in law in holding that the Appellant was not working for the purpose … Continue reading MacCartney v Oversley House Management: EAT 31 Jan 2006
(French Text) A 15-year-old girl, had been brought from Togo to France and made to work for a family without pay for 15 hours a day. She had been held in servitude and required to perform forced labour Held: France had violated article 4 by having failed to introduce criminal legislation which would afford effective … Continue reading Siliadin v France: ECHR 26 Jul 2005
Repeated payments of the same type under the same contract, in this case commission, were, on the ordinary meaning of the word, part of a ‘series’ of payments. Citations: [1997] IRLR 398, [1996] UKEAT 521 – 96 – 2609 Links: Bailii Cited by: Cited – Nambalat v Taher and Another EAT 8-Dec-2011 nambalatEAT2011 EAT National … Continue reading Group 4 Nightspeed Ltd v Gilbert: EAT 26 Sep 1996
Citations: [2001] UKEAT 1387 – 00 – 0806 Links: Bailii Statutes: National Minimum Wage Regulations 1999 15 Jurisdiction: England and Wales Employment Updated: 14 June 2022; Ref: scu.203942
The worker was employed as a carer for a lady who would need support at unpredictable times, but on average she would need some 6 hours’ care a day. Whilst at work, the claimant would stay with her patient for a full 24 hour day, but, except when actually engaged in giving care, she was … Continue reading Walton v The Independent Living Organisation: CA 26 Feb 2003
The applicant worked as a care assistant. She was required to be resident but worked shifts through the week. She appealed a finding that she was working ‘unmeasured time’ under regulation 6, asserting that it should have been judged to be ‘time work’ Held: It was important to look at the actual average hours worked, … Continue reading J M Walton v The Independent Living Organisation Ltd: EAT 21 Mar 2002
A contract of apprenticeship is synallagmatic. The master undertakes to educate and train the apprentice (or pupil) in the practical and other skills needed to practise a skilled trade (or learned profession) and the apprentice (or pupil) binds himself to serve and work for the master and comply with all reasonable directions. In the case … Continue reading Edmonds v Lawson, Pardoe, and Del Fabbro: CA 10 Mar 2000
EAT Contract of Employment : Apprenticeship – Whether established – Appeal on the issue of whether workers at a livery stable were employed under contracts of work on apprenticeships for the purposes of the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999. The Employment Judge was in error in finding on … Continue reading Revenue and Customs v Jones and Others (T/A Holmescales Riding Centre): EAT 16 Sep 2014
The court considered whether tips paid at a restaurant by means of a credit card or cheque thus becoming the employer’s money could properly count toward the minimum wage when paid on to the employee. The revenue contended that the money received and held by the troncmaster independently and not on behalf of the employer … Continue reading Annabel’s (Berkeley Square) Ltd and Others v Revenue and Customs: CA 7 May 2009
Car Cleaning nil-hours Contractors were Workers The company contracted with the claimants to work cleaning cars. The company appealed against a finding that contrary to the explicit provisions of the contracts, they were workers within the Regulations and entitled to holiday pay and associated benefits. The contracts were ‘nil hours’ contracts neither requiring nor entitling … Continue reading Autoclenz Ltd v Belcher and Others: SC 27 Jul 2011
EAT National Minimum Wage – In the context of the National Minimum Wage Regulations 1999 the Employment Tribunal had failed to take into account or, if the factors had been taken into account, explain why they were not material, the following: (1) The fact that the Claimant was able to leave the School’s premises at … Continue reading Governing Body of Binfield Church of England Primary School v Roll: EAT 18 Jan 2016
esparon_slvikovskaEAT201405 EAT National Minimum Wage : The Claimant was employed as a care worker at the Respondent’s residential care home. She was required to work a number of ‘sleep-in’ night shifts and be available for emergency purposes. There were statutory provisions that required the Respondent, for example to ensure that at all times suitably qualified, … Continue reading Esparon (T/A Middle West Residential Care Home) v Slavikovska: EAT 8 May 2014
nambalatEAT2011 EAT National Minimum Wage Act 1998National Minimum Wage Regulations 1999, Reg. 2(2)Unauthorised deductions from wagesAll three Claimants were foreign domestic workers employed in the Respondents’ households. The EAT held that the work done by each of the three Claimants for their respective employers was work to which regulation 2(2) of the National Minimum Wage … Continue reading Nambalat v Taher and Another: EAT 8 Dec 2011
Employment Tribunals to Provide Sufficient Reasons Tribunals, when giving their decisions, are required to do no more than to make clear their findings of fact and to answer any question of law raised. Bingham LJ said: ‘It has on a number of occasions been made plain that the decision of an Industrial Tribunal is not … Continue reading Meek v City of Birmingham District Council: CA 18 Feb 1987
EAT Sex discrimination claim by former partners against the partnership and individual partners: direct discrimination (in both cases) and indirect discrimination (in one) found by ET.
(i) ET must, if . .
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The applicant cleaner sought compensation for unfair dismissal. The issue was whether she was an employee of the respondents, of their client where she did her work, or was not an employee at all. She worked for an agency, who sent her out to offices to work. The court was called upon to give guidance … Continue reading Brook Street Bureau (UK) Ltd v Dacas: CA 5 Mar 2004
The court considered what elements must be present to create a contract of employment. Held: Stephenson LJ said: ‘There must . . be an irreducible minimum of obligation on each side to create a contract of service.’Kerr LJ said: ‘The inescapable requirement concerning the alleged employees however . . is that they must be subject … Continue reading Nethermere (St Neots) Ltd v Taverna and Gardiner: CA 1984
Uber drivers are workers The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers. Held: The appeal failed (Underhill LJ dissenting) The drivers accepted the control of tee Uber app: ‘Even if drivers are not obliged … Continue reading Uber Bv and Others v Aslam and Others: CA 19 Dec 2018
UBS AG devised an employee bonus scheme to take advantage of the provisions of Chapter 2 of the 2003 Act, with the sole purpose other than tax avoidance, and such consequential advantages as would flow from tax avoidance. Several pre-ordained steps were taken according to a detailed timetable. Once the structure of the scheme had … Continue reading UBS Ag and Another v Revenue and Customs: SC 9 Mar 2016
The parties disputed whether Mr Smith had been an employee of or worker with the company so as to bring associated rights into play. The contract required the worker to provide an alternate worker to cover if necessary. Held: The company’s appeal failed. Mr Smith was a worker: ‘there were features of the contract which … Continue reading Pimlico Plumbers Ltd and Another v Smith: SC 13 Jun 2018
This is an appeal on preliminary points of European Union and domestic law regarding the circumstances in which damages may be recoverable for failure to comply with the requirements of the Public Procurement Directive (Parliament and Council Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and … Continue reading Nuclear Decommissioning Authority v Energysolutions EU Ltd (Now Called ATK Energy EU Ltd): SC 11 Apr 2017
Smartphone App Contractors did so as Workers The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual leave and other workers’ rights; or whether, as Uber contended, … Continue reading Uber Bv and Others v Aslam and Others: SC 19 Feb 2021
A worker who had strictly been employed by an agency but on a long term placement at a customer, claimed to have been unfairly dismissed by the customer when that placement ended. Held: To see whether she was an employee the tribunal should follow the established tests, and look at the whole picture, including particularly … Continue reading Montgomery v Johnson Underwood Ltd: CA 9 Mar 2001
The claimant was a solicitor partner with the appellant limited liability partnership at their offices in Tanzania. She disclosed what she believed to be money laundering by a local partner. She was dismissed. She had just disclosed her pregnancy and claimed also in sex discrimination. The company appealed findings as to jurisdiction saying that she … Continue reading Clyde and Co Llp and Another v Bates van Winkelhof: CA 26 Sep 2012
ECJ Principle of equal pay for men and women – Direct effect – Meaning of worker – Self-employed female lecturer undertaking work presumed to be of equal value to that which is undertaken in the same college by male lecturers who are employees, but under contract with a third company – Self-employed lecturers not eligible … Continue reading Allonby v Accrington and Rossendale College for Education and Employment: ECJ 13 Jan 2004
A minister of the Presbyterian Church of Wales who had been inducted pastor of a united pastorate in Wales claimed unfair dismissal.
Held: If the existence or otherwise of the relationship of employer and employee is dependent solely upon the . .
