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26 June 2008
Issue: 7327 / Categories: Case law , Terms&conditions , Law digest , Employment
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EMPLOYMENT LAW

Revenue and Customs Commissioners v Annabels (Berkeley Square) Ltd [2008] All ER (D) 170 (Jun)

The statutory scheme established by the National Minimum Wage Act 1998 specifically defines what “remuneration” means by reference to the question whether or not money payments paid to workers are paid by the employer. That question calls for a precise legal analysis of the payment. The question is determined by the answer to the question “who owned the money which was paid to the employees at the point they were paid”?

It followed that, where restaurant or bar service charges are paid by the customer to the employer, but are then paid into a “troncmaster’s” bank account for distribution by him in accordance with a “tronc scheme” agreed between the troncmaster and employees, the sums so distributed to employees are not “paid by the employer” for the purposes of being included in  the national minimum wage calculation.

Issue: 7327 / Categories: Case law , Terms&conditions , Law digest , Employment
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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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