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14 April 2021 / Ian Smith
Issue: 7928 / Categories: Features , Employment , Tribunals
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Employment law brief: 16 April 2021

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After a busy month for the Supreme Court, Ian Smith examines the implications for employment law & the impact on other cases in the pipeline
  • Sleep-in carers and the national minimum wage.
  • Common terms of employment in supermarket equal pay case.
  • Pimlico Plumbers claimant loses on time limitation.

We have had, in the last month, two Supreme Court judgments on important employment law topics, for which we have been waiting for some considerable time. The first regularises and simplifies the hitherto-complicated question of whether sleep-in carers can ever claim payment on the national minimum wage (NMW) scales for time asleep (answer: no). The second decides whether supermarket retail assistants in shops (female) can compare their pay with distribution workers in depots (male) for the purposes of an equal value claim (answer: yes). One thing they have in common is that both potentially involved many employers beyond the individual respondents and large amounts of money. The third case considered here was not in the Supreme Court, but followed on from another of its important employment law decisions, in the Pimlico

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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