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?
2 comments:
I'm working on a TUPE situation. Today, a work colleague told me about the Zaman case. She said the case was just reported in Xperthr.
I replied that I was already aware of the case and showed her your alert.
Keep up the good work.
Thanks, Roger.
Post a Comment