Minimum wage and 'on call claims'

South Manchester Abbeyfield Society Ltd v Hopkins & Anor UKEAT/0079/10/ZT

Employment Case Update have covered a recent EAT case relating to the above. The Judgment reviews all of the law in this area succinctly and explains when the Minimum Wage Working Time Regulations 1998 and when the National Minimum Wages Act 1998 ("NMWA") and the National Minimum Wage Regulations 1999 become relevant. The judgment considers interesting concepts such as can a Claimant only claim successfully for time when actually awake.

Link

Law Soc guidance on compromise agreements

This guidance is so convoluted that it would be great if someone would test the meaning of the poorly drafted clause in the Equality Act:

Guidance

Help me complete the London Marathon in aid of CLIC Sargent

Hi I am running in the London Marathon this year in aid of
CLIC a charity which helps children and familieswith cancer.

Please help assuage the pain of the run and help me reach my 2500 total by donating
here

Excellent article on compromise agreement muddle

The Law Gazette has produced an excellent article summing up the debate and issues arising out of the dubious draughtsmanship of part of the Equality Act. The only problem is that we still do not have a copper plated solution.

The author here even refers to making compensation payable in installments and of course the old COT3 via ACAS in order to avoid further litigation.

Link: Article

Are you finding your cases are being postponed due to a lack of availability of judges?

Please tell me if this has happened to you recently? Is it just me or is it on the increase?

Are you late for CPD points?

There is a new provider on the scene which is great for quick and easy provision of CPD points in employment law. See www.cupidtraining.co.uk They offer the following courses:

Compensation in Discrimination Claims

The New Acas code of Practice on discipline and grievance

Public Interest Disclosure Act

The Right to Flexible Working

and Redundancy

All courses are 2 CPD points at £29.99 each or 10 CPD points for £99 - assessment is done by a simple multiple choice exam!

Book Review - Drafting Employment Contracts

I have been asked to review the latest offering from the Law Society and Gillian Howard


Drafting Employment Contracts' is not just a collection of employment contract precedents as you might imagine but is a vital addition to any employment practitioner's shelves. There is detailed exploration of a plethora of topics the employment contract's architect may have to consider before starting to draft. The chapter on 'Different types of Contract is detailed and involves thorny issues such as, who is an employee and who is an agency worker. In addition all of the usual topics pertinent to an employment contract are covered such as, restrictive covenants and disciplinary/grievance procedures. What sets this book apart is the entertaining manner in which it is written, I particularly liked the chapter on the 'Martini contract':'any time,any place, anywhere.' Gillian Howard's latest offering represents a well overdue guide to the drafting of contracts, which fills a vacuum in this vital subject.

Charles Price, Barrister

No5 Chambers

cp@no5.com