Royal Mencap Society (Respondent) v Tomlinson-Blake (Appellant) Two “sleep in” care workers appealed to the UK’s highest Court, the Supreme Court, seeking to overturn the decision that they are not entitled to the national minimum wage (NWM) for the duration of their “sleep in” shift. A “sleep in” shift typically means that the employee is
The Supreme Court has ruled that Uber drivers should be classed as workers rather than as self-employed. The distinction is crucial as it means drivers gain significant employments rights such as entitlement to the minimum wage and holiday pay. The court’s decision marks the end of a four-year legal battle between Uber and two of
A surgeon who accidentally set one of his patients on fire during an operation has won his case of unfair dismissal and been awarded £67,000. Dr O Iwuchukwu worked at City Hospitals Sunderland, part of South Tyneside and Sunderland NHS Foundation Trust, from 2005 until his dismissal in 2015. In August 2013, he was operating
While it is still too soon for any certainty and teething problems are likely to persist, it is possible to speculate and draw some current conclusions on the effect of Brexit on some areas of UK legal practice.
Mr G Lewis v Dow Silicones UK Limited Mr Lewis (the Claimant) resigned following a TUPE transfer and claimed unfair dismissal as a result of fundamental breaches of contract by his employer and/or on a breach of regulation 4(9) of TUPE arising from the introduction of new standby/call out arrangements and an extension of his
In January 2019, Seyi Omooba was cast as the lead role in the theatre production of “Celie” which was to be a joint production by the Curve Theatre Leicester and the Birmingham Hippodrome. Following her appointment in the role, it was brought to light that Ms Omooba had previously made anti LGBT comments on her own
More than 90,000 Uber drivers will welcome the news that the UK’s Supreme Court has ruled that they are to be treated as workers, rather than self-employed for employment purposes. The decision means that they will be entitled to receive the national minimum living wage, paid annual leave and other worker’s rights which they would
An employer’s ‘reasonable steps’ defence to a claim of racial harassment was dismissed by the Employment Appeal Tribunal. In spite of the fact that the culpable employee and three other employees who were aware of the harassment, which included two managers who failed to report the incidents to HR, had received equality and diversity training
Employers may find themselves at risk of being ordered to pay 100% of an employee’s salary as the Employment Tribunal has held that the absence of written confirmation of furlough arrangements could give rise to an unlawful deduction of wages claim. The Claimant had worked part-time in a café since 2003 and following the national
Employees are advised to think carefully about the wording used when writing a grievance to their employer, after the Employment Appeal Tribunal held that an employee’s allegations in her written grievance that the employer’s conduct “may amount to discrimination” would not constitute a protected act under the Equality Act 2010. The employee in question was