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Employers dread receiving a claim form citing claims which have no teeth and ‘fishing’ for more information from the employer to inform their claims. Often, these claims lack any merit at all. But in some cases, getting hard data to back up anecdotal evidence can be impossible for an employee, especially when it comes to closely guarded information about pay. The EAT has recently looked at a request for supporting data in relation to an equal pay claim. This case sits against the backdrop of extensive mass equal pay litigation in recent times, originally in the public sector, for women in predominantly female roles who claim they do work of equal value to predominantly male roles within a business. Most recently, this mass litigation has moved into the private sector and supermarkets like Asda, Co-op and Sainsbury’s.
The Court of Justice of the European Union (CJEU) has considered two cases involving workers on standby and whether the whole of the standby period should be considered working time. The Working Time Directive says that working time is any period where the employee is working, at the employer’s disposal and carrying out their duties. A rest period is any period which is not working time. The CJEU has previously found that standby time can be working time if the employee must be physically at the workplace (or another place determined by the employer) and able to provide services immediately if required. Another case, Ville de Nivelle v Matzak, said time spent by firefighters on standby at home was working time because they were required to be at home by the employer and to respond within 8 minutes. This put significant constraint on what they could do in terms of social and personal interests during that time.
It is commonplace to negotiate severance terms before an employee leaves employment due to redundancy. Discussions usually agree the sums to be paid and formal settlement agreements are signed to create a clean break between the parties. The EAT has recently looked at a case where the parties had different ideas about what had been agreed, as well as what could be enforced.
In 2017, in the case of King v Sash Windows, the CJEU established that a worker can carry over unlimited annual leave which they have been prevented from taking because the employer refuses to pay for it.
The Supreme Court has given the final word on whether workers should get paid the national minimum wage for sleeping.
Clinical negligence can have catastrophic consequences for patients who suffer injuries as a result of negligent medical treatment. In our latest clinical negligence infographic, we highlight the statistics relating to medical negligence, focusing on how it affects both the patients and the NHS.
No matter the size of a medical negligence claim, one thing is certain, you need a medical expert.
Do you know how to protect your business during a divorce?
Buying a house can be an adventure full of excitement and worry in equal measure. The financial processes involved can be perplexing for both first-time buyers and movers alike.
Things are going well. A time of love and romance. Will your boyfriend or girlfriend whisper those four magic words that you’ve been longing to hear…’let’s move in together!’? If they do you should consider a cohabitation agreement.