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Author Archive: Jodele McConnachie

Holiday Pay - NHS Payments

Posted by on July 31st 2018 in Blog Posts, Employment

Flowers and Others v East of England Ambulance Trust: NHS Contractual Terms Require Non-Guaranteed and Voluntary Overtime to be Included in Holiday Pay Calculations

This case arose from the Claimant employees, employed by the Trust in a range of roles concerning the provision of ambulance services, contending that the calculation of their holiday pay should take account of both non-guaranteed overtime and voluntary overtime.

The Employment Tribunal (“ET”) allowed the contractual claims in respect of non-guaranteed overtime, but dismissed the claims in respect of voluntary overtime, with the ET accepting the Trust’s argument that voluntary overtime was in a different category....

Court of Appeal Decision: 'Sleep-In' Payments not subject to National Minimum Wage

Posted by on July 23rd 2018 in Blog Posts, Employment

Court of Appeal Decision: 'Sleep-In' Payments not subject to National Minimum Wage

In its consideration of two similar cases involving residential care home workers, Royal Mencap Society v Claire Tomlinson Blake and John Shannon v Jaikisham and Prithee Rampersad (t/a Clifton House Residential Home), the Court of Appeal held that employees who sleep overnight as part of their duties are only entitled to the National Minimum Wage (“NMW”) while they are awake and working, not for the entire duration of their sleep-in shift.

The Royal Mencap Society went to the Court of Appeal in March this year to challenge the Employment Tribunal ruling from 2016, which had been upheld on Appeal to the Employment...

ACAS’ New Guidance: Overtime

Posted by on June 26th 2018 in Blog Posts, Employment

ACAS’ New Guidance: Overtime

ACAS have published new guidance relating to overtime, which covers five key areas summarised below. 

  1. Is overtime compulsory or voluntary?

The Guidance covers, and gives examples, of the following types of overtime:

a) Voluntary Overtime

This is where there is no obligation upon an employer to offer overtime, and no corresponding obligation upon the worker to accept it if offered.

b) Guaranteed Overtime

This is where an employer is under a contractual obligation to offer overtime to the worker, who in turn must accept it.

c) Non-Guaranteed Overtime

This is where there is no contractual obligation for overtime to be offered by the employer, but if...

CASE UPDATE: Summary Dismissal Can Be Fair Without a Single Act of Gross Misconduct

Posted by on May 30th 2018 in Employment

Mr Mbubaegbu v Homerton University Hospital NHS Foundation Trust

The Facts

The Claimant, of black African origin, was a consultant surgeon at the Respondent hospital. He was dismissed for multiple breaches of the new internal reporting procedures introduced by the hospital.

The Claimant had worked at the hospital for 15 years, and had not been subject to any disciplinary proceedings prior to those which led to his dismissal for gross misconduct on 22 February 2016. None of the 22 allegations in themselves amounted to gross misconduct.

Several employees in the Claimant’s department faced similar disciplinary proceedings, but the Claimant was the only one...

Charity Trustees – Talking to Carolyn Giles

Posted by on February 28th 2018 in Blog Posts

Charity Trustees – Talking to Carolyn Giles

Carolyn Giles is a Strategic HR Consultant with over 20 years experience across a range of sectors, including Charities, GP Practices, hospitality and social enterprises.  

Carolyn specialises in conducting HR investigations, some of which have been  within the Third Sector. Third Sector organisations benefit from Carolyn’s experience, as it means the impartiality of any investigation conducted cannot be called into question. Charities are under a high level of scrutiny from the public and government alike, so any decisions made need to be clearly evidenced and supported.

A big issue that Carolyn has seen emerging within the Third Sector is the lack...

Rise in Voluntary Living Wage Rate

Posted by on November 8th 2017 in Blog Posts, Employment

It has been announced that Voluntary Living Wage (VLW) is set to rise by 30p per hour across the UK to a rate of £8.75 per hour. Within London, it is set to rise further by 45p, taking the rate of pay to over £10.00 for the first time, at £10.20 per hour. This represents a 3.6% and 4.6% rise respectively.

This will be a positive change for some 150,000 workers who are employed by the 3,500 firms who have signed up to the VLW Scheme. Employers who have signed up include large companies such as Heathrow Airport, IKEA, Google and...

Failure to Conduct Breastfeeding Risk Assessment Constitutes Employee Sex Discrimination, CJEU decides

Posted by on November 6th 2017 in Blog Posts, Employment

In Ramos v Servicio Galego de Saúde the Court of Justice of the European Union (CJEU) held that a failure by an employer to conduct an appropriate risk assessment for a breastfeeding female worker constituted direct discrimination.

The case involved an A&E nurse, who went to her employer with concerns that her working conditions (ie. long hours, stress, exposure to ionising radiation etc.) were having an affect on her ability to breastfeed her child. The employee then requested a change to her working patterns to accommodate breastfeeding her child and for preventative measures to be put in place, this was rejected on the...

Proposals to Ban Gazumping and Gazundering

Posted by on October 30th 2017 in Blog Posts, Property

Proposals to Ban Gazumping and Gazundering

More Certainty for Home Buyers and Sellers: Proposals to Ban Gazumping and Gazundering

Gazumping: where sellers accept a higher offer, having already accepted another buyer’s offer.

Gazundering: where homebuyers threaten not to complete a sale unless money is knocked off the price at the last minute.

Currently, buyers and sellers alike can do nothing to stop either Gazumping or Gazundering hindering a property sale, which causes uncertainty and leads to wasted costs on both sides of the transaction.  

Paula Higgins, chief executive of the Homeowners Alliance said:

“Gazundering, gazumping, collapsing chains, and one in three sales falling through. It takes too...

Barbulescu v Romania: Case Update - Can Employers Monitor Employees Emails?

Posted by on October 2nd 2017 in Employment

Barbulescu v Romania: Case Update - Can Employers Monitor Employees Emails?

Can Employers Monitor Employees Emails?

In the case of Barbulescu v Romania the Romanian Court ruled that an employer had acted lawfully when it monitored an employee’s Yahoo Account. The account in question was a Yahoo Messenger account, which the employee was encouraged to use to speak to customers. The employer found, however, that the account was also being used for personal purposes – namely messaging his brother and partner. Mr Barbulescu was subsequently dismissed from his role.  The Court upheld the decision of the employer to dismiss him,...

Released Today: Entitlement for Free Childcare

Posted by on September 1st 2017 in Blog Posts, Family

UPDATE: Childcare Act 2016 – Entitlement to Free Childcare from Today

The Childcare Act 2016 (Commencement No 2) Regulations 2017 (the “Regulations”) were made on 19 July 2017. The Regulations bring into force sections 1(1) and section 6 of the Childcare Act 2016 (the “Act”) on 1 September 2017, which increase free childcare entitlement for parents. 

Currently, parents of three or four year old children in England get 15 hours per week of free childcare. The Act and Regulations effectively double eligible parents’ entitlement to free childcare for their child, meaning they will be entitled...

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