Pay levels and awards
In Tomlinson-Blake v Royal Mencap Society; Shannon v Rampersad and another (t/a Clifton House Residential Home), the Supreme Court dismissed both appeals and ruled that sleep-in care workers are entitled to be paid the national minimum wage only when they are awake for the purposes of working, not when they are sleeping.
In Mears Homecare Ltd v Bradburn and others, the Employment Appeal Tribunal held that the duty to maintain national minimum wage records moves to the transferee on a TUPE transfer.
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.
Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.
Jessica Alice-Curtis is a trainee solicitor, Lucy Melville is a paralegal and Nigel Cousin, David Rintoul and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) considered that national minimum wage legislation is not breached when a deduction is made on termination for the repayment of the cost of a training course if the worker is responsible for the termination of his or her employment (typically, by resigning).
The Employment Appeal Tribunal (EAT) has held that an entire agreement clause was effective in precluding reliance on a prior oral assurance given by HR that salary would increase by annual increments subject to satisfactory performance.
The Employment Appeal Tribunal (EAT) has held that a "higher education course" under the National Minimum Wage Regulations 1999 (SI 1999/584) relates to courses undertaken only in the UK and therefore disproportionately excludes foreign students and is indirectly discriminatory, but is justified as a proportionate means of preventing abuse of the national minimum wage system, which is a legitimate aim.
Krishna Santra, Linda Quinn and Colin Makin are senior associates and Melissa Powys-Rodrigues and Dominic Speedie are associates at Colman Coyle Solicitors. They round up the latest rulings.
Victoria Bell is managing associate and Gerri Hurst, Carly Mather and Andrew Nealey are associates and Eleanor Cittern is a trainee solicitor at Addleshaw Goddard LLP.
Employment law cases: HR and legal information and guidance relating to pay levels and awards.