The Court of Appeal held that sleep-in shifts do not count as "time work" for the purposes of the national minimum wage legislation.
The Supreme Court granted Ms Tomlinson-Blake, supported by Unison, leave to appeal the Court of Appeal's decision to the Supreme Court. The Supreme Court heard the appeal on 12 and 13 February 2020 and a decision is still awaited.
In Harpur Trust v Brazel  IRLR 1012 CA, the Court of Appeal held that holiday pay for "part-year workers" should not be calculated on a pro rata basis, but by applying the approach set out in s.224 of the Employment Rights Act 1996 and calculating average weekly remuneration over the previous 12 weeks. The Court of Appeal acknowledged that calculating holiday pay without a pro rata reduction for part-year workers might produce perceived inequities, but the Court did not consider it to be unfair.
Harpur Trust appealed the Court of Appeal's decision to the Supreme Court. The Supreme Court is due to hear the appeal on 9 November 2021.
Kostal UK Ltd appealed the EAT decision to the Court of Appeal. In Kostal UK Ltd v Dunkley and others  IRLR 817 CA, the Court of Appeal allowed the appeal and set aside the tribunal decision. The Court of Appeal held that the employer had asked the workforce if it would agree a particular term on this occasion; it had not sought a permanent change in its relationship with the union.
The Supreme Court granted the claimants permission to appeal the Court of Appeal's decision. The Supreme Court is due to hear the appeal on 18 May 2021.
Aslam and others v Uber BV and others
employment status | workers | self-employed
In this high-profile case, Uber drivers regarded by the company as self-employed claimed that they are in fact workers.
Uber appealed to the Supreme Court. On 19 February 2021, the Supreme Court handed down its decision in Uber BV and others v Aslam and others  UKSC 5 SC. Unanimously dismissing the appeal, the Supreme Court held that Uber drivers are workers and are entitled to receive the national minimum wage and paid annual leave.
R (on the application of the Independent Workers Union of Great Britain) v Central Arbitration Committee and Roofoods Ltd (t/a Deliveroo)
employment status | collective bargaining | human rights
The Court of Appeal granted the union leave to appeal the High Court's decision. The Court of Appeal heard the appeal on 2 and 3 February 2021.
Asda Stores Ltd v Brierley and others
equal pay | comparator | common terms
In Asda Stores Ltd v Brierley and others  IRLR 335 CA, a case that involves over 37,000 claimants and is the largest equal pay case of its kind in the private sector, the Court of Appeal held that workers in Asda supermarkets (who are mainly female) are entitled to compare their pay with the pay of depot workers (who are mainly male) because common terms of employment apply.
The Supreme Court heard Asda's appeal against the Court of Appeal decision on 13 and 14 July 2020 and a decision is still awaited.
Flowers and others v East of England Ambulance Trust
East of England Ambulance Trust appealed the EAT decision to the Court of Appeal. The Court of Appeal dismissed the appeal in East of England Ambulance Service NHS Trust v Flowers and others  IRLR 798 CA. The Court held that ambulance workers are contractually entitled to have voluntary overtime included in the calculation of their holiday pay and, under the Working Time Directive (2003/88/EC), to have it included where it is sufficiently regular and settled.
The Supreme Court granted East of England Ambulance Service NHS Trust leave to appeal the Court of Appeal's decision. The Supreme Court is due to hear the appeal on 22 June 2021.
Chief Constable of the Police Service of Northern Ireland and another v Agnew and others
annual leave | holiday pay | overtime | series of deductions
The EAT held that s.18 of the Equality Act 2010, which prohibits pregnancy and maternity discrimination, "is not an exclusive statement of the circumstances in which a claimant can complain of discrimination by reason of pregnancy or maternity". The EAT held that the principle established in Webb v EMO Air Cargo (UK) Ltd (No.2)  IRLR 645 HL meant that s.13 of the Equality Act 2010, which prohibits direct sex discrimination, did not require Mrs Geldart to prove that a man would have been treated differently.
The Court of Appeal granted the Commissioner leave to appeal the EAT's decision. The Court of Appeal heard the appeal on 14 January 2021 and will deliver its decision in due course.
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