UK: Supreme Court rules that equal pay comparators can be at a different establishment where their terms are not dependent on location

Equal pay claimants can choose as comparators colleagues working at one of their employer’s establishments in a different location provided they are on “common terms”; the Supreme Court has now confirmed that the purpose of this test is only to exclude colleagues whose terms are different for geographical (or possibly historical) reasons.  The ruling also … Read more

UK Covid-19: round-up of recent changes for employers to 31 March 2021

The pandemic has presented a constant challenge for employers in keeping up with frequent changes to rules and guidance.  As the restrictions now start to ease, we set out below a summary of recent developments: Although the “stay at home” instruction has been lifted from 29 March 2021, individuals are still asked to minimise travel … Read more

UK: Supreme Court ruling that NMW not payable for sleep during sleep-in shifts; position of home-work involving intermittent tasks remains unclear

The Supreme Court has ruled that care workers on sleep-in shifts are only entitled to the national minimum wage (NMW) for the time spent performing work tasks or awake for that purpose, and not for time spent asleep. (Royal Mencap Society v Tomlinson-Blake, Shannon v Rampersad) In the absence of a clear definition of work … Read more

UK: ECJ clarifies when periods of standby are ‘working time’

Employers who engage workers on standby or on-call shifts will welcome the clarity provided by two recent European Court of Justice rulings.  The ECJ has ruled that on-call or standby time should not be viewed as working time under the Working Time Directive (relevant to calculating the maximum working week, rest breaks and rest periods) … Read more