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

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

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...

Landlords: Government Proposals for Minimum 3 year Residential Tenancy

Posted by on July 9th 2018 in Blog Posts

Landlords: Government Proposals for Minimum 3 year Residential Tenancy

The Ministry of Housing, Communities and Local Government (“MHCLG”) is proposing a minimum 3 year fixed term for residential tenancies, with a six month break clause. The main proposals are:

  1. A three-year term with an opportunity for either landlord or tenant to leave the agreement after the initial six months.

  2. Following the six-month break clause, the tenant would be able to end the tenancy by providing a minimum of two months' notice in writing.

  3. Landlords would be able to recover their property during the fixed term if they had reasonable grounds, similar to the grounds under Schedule 2 to the Housing Act 1988.

Landlords: are your tenants asking for energy efficient improvements?

Posted by on June 29th 2018 in Blog Posts, Litigation

Landlords: are your tenants asking for energy efficient improvements?

Landlords; you cannot unreasonably refuse your tenant’s request to make energy efficient improvements to your property.

This blog addresses a tenant’s request to make energy efficient improvements where an Assured Shorthold Tenancy is in place.  

 

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962) (“MEES Regulations”) allows assured shorthold tenants of some types of residential property, to request the landlord’s consent to the tenant making energy efficient improvements to the property. The Landlord is required not to unreasonably refuse consent to the improvements being made, even if the tenancy agreement prohibits such alterations.

 

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...

Plumber Engaged on a Self-Employed Basis was Entitled to ‘Workers’ Rights

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

Plumber Engaged on a Self-Employed Basis was Entitled to ‘Workers’ Rights

In Pimlico Plumbers v Gary Smith the Supreme Court considered an employment tribunal’s decision regarding the employment status of Mr Smith who was engaged by Pimlico Plumbers purportedly on a self employed basis.

In 2011 Mr Smith issued several claims in the tribunal. The tribunal found that Mr Smith was not an employee but was a 'worker' and 'in employment' within the meaning of the Equality Act. This finding was upheld by the EAT and the Court of Appeal.

For Mr Smith to qualify as a worker, the Supreme Court had to agree that he had undertaken to...

Tenant Not Obliged to Pay Service Charge

Posted by on June 11th 2018 in Blog Posts, Litigation

It was held that a tenant was not obliged to pay a service charge for heating, once a separate boiler had been installed. 

In the recent case of Saunderson v Cambridge Park Court Residents Association Limited Re: Cambridge Park Court [2018], the tenant (“T”) had a long lease in a block of flats, which had a communal heating system.

T had held the Lease since 1994 and had paid towards heating costs from that time.

The communal heating system was problematic and stopped altogether in 2008, when T’s flat ceased to have heating.

apartment, architecture, balcony

The Lease...

Landlords; are you Convinced your Tenant’s Left your Property and are Thinking of Changing the Locks? Think Again

Posted by on June 6th 2018 in Blog Posts, Litigation

Landlords; are you Convinced your Tenant’s Left your Property and are Thinking of Changing the Locks? Think Again

The case of Smith v Khan [2018] is a stark reminder to Landlords of the Protection from Eviction Act 1977.

The Landlord (K) in this case, granted an Assured Shorthold Tenancy to the Tenant (T) for a fixed term of 12 months commencing in June 2014. In March 2015, T, without telling anyone, travelled to Scotland to seek work leaving his wife (S) in occupation of the property. As K was concerned about the rent arrears, he gave S a letter purporting to give T notice to quit, on 1 April 2015.

S obtained advice that the notice was invalid, that she...

Litigants in Person Must Comply with the Civil Procedure Rules

Posted by on June 5th 2018 in Blog Posts, Litigation

Litigants in Person Must Comply with the Civil Procedure Rules

Barton v Wright Hassall LLP [2018], Reynard v Fox [2018] and Green v Mears [2018]

Three recent cases highlight that litigants in person are unlikely to be given any special allowances in litigation if they fail to comply with a rule or court order.

Baron v Wright Hassall LLP

Mr Barton brought a negligence claim against his former legal representatives as a litigant in person. He attempted to serve his claim form via email on the last day of a four month deadline. The defendant’s solicitors had not indicated that they would accept service via email and therefore service was invalid. The court...

Recovery of Training Costs

Posted by on June 1st 2018 in Blog Posts, Employment

An Employment Tribunal has awarded a Claimant £11,465.81 following the recent decision which found that the Respondent,  the optician chain ‘Scrivens’, unlawfully asked the Claimant to repay £11,000 in training fees incurred during her employment. The Employment Tribunal upheld claims for pregnancy and maternity discrimination, constructive dismissal, and unlawful deduction from wages.

The background to this case is that in 2010 the Claimant, Ms Walworth, entered into a Training Agreement with her Scrivens to allow her to gain the qualifications required to progress to a more senior role.

Pregnant Woman Wearing Marled Gray Sweater Touching Her Stomach

Dismissal of teacher for showing an 18 rated film to 15 and 16 year old students was discriminatory

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

Dismissal of teacher for showing an 18 rated film to 15 and 16 year old students was discriminatory

The Court of Appeal has held that a school was in breach of the Equality Act 2010 for dismissing a teacher who showed an inappropriate film (Halloween) to students as they believed that the error of judgment was unconnected to his disability. The teacher had cystic fibrosis, which did not affect his abilities as a teacher, but did require a significant exercise regime to help manage the condition. This was very time consuming for the teacher and meant he was less able to adapt to unforeseen increases in workload compared to others without the condition.

The case concerned a claim of...

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