Pay and benefits
In Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another t/a Clifton House Residential Home, the Court of Appeal held that a "sleep-in" care worker in residential accommodation was not entitled to be paid the national minimum wage while asleep.
In Air Products plc v Cockram, the Court of Appeal held that the employment tribunal was correct to find that a rule in a long-term incentive share plan that employees whose employment terminates before they are 55 forfeit all unvested awards under the plan is justified.
In Dudley Metropolitan Borough Council v Willetts [2017] IRLR 870 EAT, the EAT held that payments for regularly worked voluntary overtime are part of a worker's "normal remuneration" for the purposes of calculating a week's pay in respect of a worker's holiday pay entitlement.
In Hartley and others v King Edward VI College [2017] IRLR 763 SC, the Supreme Court held that, when deducting pay from employees' wages in respect of their participation in strike action on the relevant days, the appropriate daily rate of deduction was one-365th of the employees' annual salary, rather than one-260th as had been applied by the employer.
The Employment Appeal Tribunal (EAT) has held that entirely voluntary overtime should be included in normal remuneration for calculating holiday pay.
The Supreme Court has overturned the Court of Appeal's decision and held that civil partners and same-sex spouses are entitled to pension benefits accrued before the introduction of civil partnerships on 5 December 2005.
Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.
Chris Cook is partner and Keely Rushmore senior associate at SA Law. They round up the latest rulings.
The Supreme Court has held that the pay of teachers must be deducted at a daily rate of 1/365th of their annual salary, rather than 1/260th, for a one-day strike.
The Court of Appeal has held that the Employment Appeal Tribunal (EAT) was correct to uphold an employment tribunal decision that the Working Time Regulations 1998 can be interpreted to require employers to include a worker's commission in the calculation of his or her holiday pay.
Employment law cases: HR and legal information and guidance relating to pay and benefits.
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