The cap on “a week’s pay” (currently £380) does not apply to compensatory awards for a breaching TUPE information and consultation obligations: Zaman v Kozee Sleep Products Ltd (t/a Dorlux Beds UK) [EAT/0312/10].
Opt-out Agreements
In Arriva South London Ltd v Nicolau [EAT/0280/10], the EAT remitted the following question to the employment tribunal.
Where a worker did not sign an opt-out agreement – did their employer take reasonable steps to ensure that they did not work more than 48 hours per week – if it did not allow them to work for any amount of overtime?
Prudent HR decisions are based on up-to-date information. Trotman's Employment Law Alerts (TELA) was an email news service that quickly informed HR professionals about the latest employment law developments. This is proven by the publication dates of the news items shown below. TELA provided accurate; concise; in-depth; and practical coverage of topical employment law developments. See @tonytrotman on X (formerly known as Twitter) for the latest employment law developments.
30 December 2010
2 December 2010
Positive action law will come into force in April 2011
From 6 April 2011 - an employer can appoint or promote a person from an under-represented group if the job applicants are equally qualified: Equality Act 2010 (Commencement No. 5) Order 2011 [SI 2011/96].
On 12 January 2011, the Government Equalities Office published a guide for employers about postive action.
Gender pay reports
The Government will adopt a voluntary approach towards the publication of gender pay reports (GPR) by employers in the private and voluntary sectors. Each year, the Government will review the number of employers that are publishing GPR and the quality of those reports - to assess whether an alternative approach is required – e.g. a mandatory approach via s. 78 of the Equality Act 2010.
Source: Government Equalities Office
On 12 January 2011, the Government Equalities Office published a guide for employers about postive action.
Gender pay reports
The Government will adopt a voluntary approach towards the publication of gender pay reports (GPR) by employers in the private and voluntary sectors. Each year, the Government will review the number of employers that are publishing GPR and the quality of those reports - to assess whether an alternative approach is required – e.g. a mandatory approach via s. 78 of the Equality Act 2010.
Source: Government Equalities Office
1 December 2010
National Minimum Wage
Where a worker is provided with sleeping accommodation at the workplace – while they are on-call - the worker is entitled to be paid the national minimum wage (NMW) for the hours they are awake for the purpose of working: South Manchester Abbeyfield Society Ltd v Hopkins [EAT/0079/10].
However, a worker (e.g. a night-watchman) who is working by being present at the workplace - is entitled to be paid the NMW for the total hours of the nightshift - regardless of whether or not they are provided with sleeping accommodation.
Comment: The Hopkins case is good NMW news for employers in sectors where on-call arrangements are common, e.g. the residential care sector.
However, a worker (e.g. a night-watchman) who is working by being present at the workplace - is entitled to be paid the NMW for the total hours of the nightshift - regardless of whether or not they are provided with sleeping accommodation.
Comment: The Hopkins case is good NMW news for employers in sectors where on-call arrangements are common, e.g. the residential care sector.