Podcast: Key 2021 employment cases HR should know about
We highlight key cases due to be decided this year and discuss their impact on HR. These include cases on: worker status, holiday pay, the national minimum wage and sleep-in care workers, trade unions and collective bargaining, and equal pay.
The 2021 cases that we discuss will decide the following questions:
- Are Uber drivers self-employed or are they workers, meaning that they are entitled to basic employment rights?
- Are sleep-in care workers entitled to the national minimum wage while they are asleep?
- Are employers permitted to make direct pay offers to employees "over the heads of the union" when collective bargaining breaks down?
- Should employers include voluntary overtime in the calculation of employees' holiday pay?
- How far should claims for the unlawful exclusion of overtime from holiday pay calculations be limited?
- How should employers calculate holiday pay for term-time workers?
- Are supermarket workers, who are mostly female, able to compare their pay with the pay of depot workers, who are predominantly male?
- Aslam and others v Uber BV and others (worker status)
- Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another t/a Clifton House Residential Home (national minimum wage)
- Kostal UK Ltd v Dunkley and others (trade unions and collective bargaining)
- Flowers and others v East of England Ambulance Trust (voluntary overtime and holiday pay)
- Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (limitation on historical claims for non-payment of overtime)
- Harpur Trust v Brazel (holiday pay for term-time workers)
- Asda Stores Ltd v Brierley and others (equal pay)