Sleep-in care workers lose final appeal over minimum wage
May 24th 2021Care workers who slept overnight at their workplace were “available for work” rather than “working” and so were not entitled to be paid the national minimum wage for the whole of their sleep-in shift. Joanne Stronach Director & Head of Employment and HR reports on this recent case. That was the decision of the Supreme Court in two cases that have major implications for residential care homes. Care workers who…
Cleaner accused of ‘throwing a sicky’ was unfairly dismissed
April 28th 2021The Employment Tribunal has ruled that a cleaner was unfairly dismissed after she resigned because her employer accusing her of lying about her illness. Joanne Stronach Director & Head of Employment and HR reports on this recent case. The case involved Pamela Wynn Newcombe, who was employed by Machynlleth Town Council from 2013 to 2019. In 2017, she became involved in a dispute over plans to alter her working hours.…
Engineer too late to claim holiday pay from Pimlico Plumbers
April 21st 2021An engineer who won a landmark case that he should be classed as a worker at Pimlico Plumbers has lost his claim for backdated holiday pay. Joanne Stronach Director & Head of Employment and HR reports on this recent case. Gary Smith had worked for Pimlico as a heating engineer from 2005 to 2011. Throughout that period Pimlico regarded him as a self-employed independent contractor, without entitlement to paid annual…
Driver’s dismissal for not wearing a facemask ‘was not unfair’
April 15th 2021A delivery driver has lost a claim of unfair dismissal after he was fired for refusing to wear a facemask while on duty during lockdown. Joanne Stronach Director & Head of Employment and HR reports on this recent case. The case involved Deimantas Kubilius who had worked as a driver for Kent Foods Limited for four years. Most of his work involved driving to and from their supplier Tate &…
How will employees’ rights be affected post lockdown?
March 16th 2021Thinking it over with Carol Fish Director & Head of Serious and Catastrophic Injury… After Prime Minister Boris Johnson set out his roadmap to ending lockdown in England, thoughts for many employers are turning to how they will bring their teams back into offices when restrictions ease. The widespread administration of the vaccine in the UK is good news for many employers to help working life slowly return to normal over time.…
Bullied NHS employee given fake task as a prank awarded £10,000
March 9th 2021An NHS employee has been awarded nearly £10,000 after she was subjected to a series of cruel and bullying tricks by her co-workers. Joanne Stronach Director and Head of Employment & HR reports. Carol Hurley began work as a deputy finance business partner for East Sussex NHS Trust in October 2016. The following summer she received a ‘joke’ email from her line manager Stella Armstrong to ‘remind’ her that she…
Leading employment lawyer welcomes Chancellor’s furlough extension
March 3rd 2021A LEADING employment law specialist has welcomed the move to extend the Government’s furlough scheme until the end of September. Joanne Stronach, Head of Employment Law and HR at legal firm Cartmell Shepherd Solicitors, said the move would give businesses time to recover following the easing of Covid-19 restrictions. The furlough scheme, which pays up to 80% of salaries to those who cannot work because of Covid-19 restrictions, was scheduled…
Supreme Court says Uber drivers are workers, not self-employed
February 24th 2021The Supreme Court has ruled that Uber drivers should be classed as workers rather than as self-employed. Joanne Stronach Director & Head of Employment and HR provides an update. 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 its former drivers,…
Manager was discriminated against while on maternity leave
February 22nd 2021A middle-aged father who was overlooked for a role in the NHS because he was “very different” to the person who had previously held the position has won his claim of age discrimination. Joanne Stronach Director and Head of Employment & HR reports. Mr N Clements applied for the role as a band 7 project manager at Guy’s and St Thomas NHS Foundation Trust in June 2018. The interviews were…
1 in 10 workers ‘told to re-apply for their jobs on worse terms’
February 11th 2021The Covid-19 pandemic has led to nearly 1 in 10 workers being told to re-apply for their jobs on worse terms and conditions or face the sack, according to research by the TUC. Joanne Stronach Director & Head of Employment & HR reports. Almost a quarter say their working terms, such as pay or hours, have been downgraded since the first lockdown in March. The TUC commissioned an online survey of…
