header-logo header-logo

09 August 2024 / Ian Smith
Issue: 8083 / Categories: Features , Employment , Tribunals
printer mail-detail

Employment law brief: 9 August 2024

185054
As he signs off for the summer, Ian Smith reflects on complex matters of interpretation, prohibited conduct & part-time status
  • National minimum wage: whether wage deductions were for a company’s own use and benefit (Commissioners for Revenue and Customs v Lees of Scotland Ltd [2024] EAT 120).
  • Prohibited conduct: instructing, causing or inducing discrimination (Bailey v Stonewall Equality Ltd [2024] EAT 119).
  • Part-time workers: whether the less favourable treatment must be ‘solely’ due to that status (Augustine v Data Cars Ltd [2024] EAT 117).

Fiat justitia et ruat coelum, as they always say in the pubs here in East Suffolk. This ancient injunction (let justice be done though the heavens fall) is usually invoked in major cases on high policy, but it could equally be relevant in the case of Commissioners for Revenue and Customs v Lees of Scotland Ltd [2024] EAT 120 applying a stringent approach to payment of the national minimum wage (NMW) which, it was accepted, hit an employer with no evil intent and resulted in the closure of a scheme meant to benefit the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Test Article Upgrade

Test Article Upgrade

"Neque porro quisquam est qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit...""There is no one who loves pain itself, who seeks after it and wants to have it, simply because it is pain..."

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

NEWS

Family lawyers cite financial disincentives for issuing child protection orders

A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
back-to-top-scroll