WorkLife entries posted during October 2015

Wages Disputes - Court or Employment Tribunal

Wages Disputes -  Court or Employment Tribunal

Employment Tribunals have limited jurisdiction (£25,000 maximum) over breach of contract claims and even then only where the employment has come to an end.  Employees who consider that their full salary is not being paid must if the employer rejects their grievance about that, either resign to make a breach of contract claim through the Employment Tribunal or continue working and then either make a breach of contract claim through the County Court or subject first to referring  to ACAS,  make...

Whistleblowing comes full circle

Whistleblowing comes full circle

First, a quick history lesson. The Public Interest Disclosure Act 1998 (my emphasis) created protection for whistleblowers from detrimental treatment but, despite its name, there was no need for a qualifying disclosure to be in the public interest.

No right to National Minimum Wage for on-call time spent at home sleeping?

No right to National Minimum Wage for on-call time spent at home sleeping?

The EAT has confirmed in Shannon v Rampersad & Rampersad T/A Clifton House Residential Home (2015) that a residential care home worker who was required to spend nights in his flat at the care home and assist other night staff on request was not 'working' for National Minimum Wage ('NMW') purposes save during time actually spent responding to (infrequent) requests for assistance.

Recruitment – a few tips for the unwary around restrictive covenants and team moves

Recruitment – a few tips for the unwary around restrictive covenants and team moves

With recruitment in some sectors having picked up, we have seen employers becoming increasingly rigorous in protecting business interests on departure of key employees.  I therefore thought it was worth a quick recap on sensible steps to take when your business is on a recruitment drive.