The Minimum wage did not apply to a worker sleeping over without duties to performMinimum Wage legislation (not WTR) applied | |||
Wray v JW Lees & Co (Brewers) Ltd (National Minimum Wage [2011] UKEAT 0102_11_1407 | |||
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26/08/2011
HJ Underhill has in the EAT ruled in Wray v JW Lees & Co that a temporary manager sleeping over at company premises without needing to perform any duties was not eligible to make a national minimum wage claim. The EAT further noted that ET using the Working Time Regulations 1998 to decide the original claim had decided in error, that as the Claimant was not working even if she under reg. 15 (1) or 16 (1) of the WTR (being required to sleep on the premises and be available for work) the exception under reg. 15 (1A) or 16 (1A) applied. Cases considered: Burrow Down Support Services Ltd v Rossiter [2008] ICR 1172 and South Manchester Abbeyfield v Hopkins [2011] ICR 254 . In dismissing the appeal the case was decided by the EAT under the provisions of the National Minimum Wage Regulations 1999. |
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| Transcript of the judgement:- Wray v JW Lees & Co (Brewers) Ltd (National Minimum Wage [2011] |
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| 2011 Requests to continue working after 65 must be considered in good faith - Compass Group Plc v Ayodele [2011] UKEAT 0484_10_1407 An autocratic style of management is no justification for breaching the contractual term of trust and confidence - McBride v Falkirk Football & Athletic Club [2011] UKEAT 0058_10_1706 Overtime payments in the absence of an agreement - Driver v Air India Ltd [2011] EWCA Civ 830 Mere suspicion that a representative was acting for profit was not enough for imposing wasted costs - Jackson v Cambridgeshire County Council & Ors (Practice and Procedure : Costs) [2011] UKEAT 0402_09_0806 Guard disallowed from leaving his work to pray was not discriminated against - Cherfi v G4S Security Services Ltd (Religion or Belief Discrimination) [2011] UKEAT 0379_10_2405 Judicial proceedings immunity applies to all types of discrimination including victimisation - Parmer v East Leicester Medical Practice (Victimisation Discrimination) [2011] UKEAT 0490_10_0103 An abused worker's unfair dismissal and race discrimination claim was refused for illegality - Allen (Nee Aboyade-Cole) v Hounga & Anor [2011] UKEAT 0326_10_3103 Pay protection may be a proportionate means of achieving a legitimate aim provided that sums awarded don't result from past discrimination. - Audit Commission v Haq & Ors [2011] UKEAT 0123_10_1803 Provided a claimant does part of the work in the UK an ET may hear a race or age discrimination claim. - British Airways Plc v Mak & Ors [2011] EWCA Civ 184 TUPE transfers apply where the transferor was in administration - OTG Ltd v. Barke & Ors [2011] UKEAT 0320_09_1602 The Court of Appeal limits the scope of employers to break strikes using interim injunctions - National Union of Rail, Maritime & Transport Workers v Serco Ltd (t/a Serco Docklands) [2011] EWCA Civ 226 Employment Tribunal Written Reasons must contain sufficient detail to understand the decision - Greenwood v. NWF Retail Ltd [2011] UKEAT/0409/09/JOJ Employer's justice - the worker had his hours cut and suffered racial discrimination yet the Court of Appeal finds his dismissal 'equitable' and 'fair' - Orr v Milton Keynes Council [2011] EWCA Civ 62 Failing to consider a reasonable offer of settlement or to make a counter offer can lead to an employment tribunal making a costs order. - G4S Services v Rondeau [2009] UKEAT 0207/09/DA Where an employee alleges unlawful conduct by his employer to his employer's own solicitor this is not defamatory. - Wallis & Anor v Meredith [2011] EWHC 75 (QB) Pay protection should have been extended to female staff (after withdrawal of bonuses to males)under the Equal Pay Act 1970 - Bury MBC v Hamilton and Sunderland City Council v Brennan [2011] UKEAT Under the RRA76 the employer was not vicariously liable for race discrimination by third party employees (the Equality Act 2010 section 40 changes this) - Conteh v. Parking Partners Ltd [2010] UKEAT 0288_10_1712 Discrimination against gay customers was also unlawful sex orientation discrimination against the claimant employee - Lisboa v. Realpubs Ltd & Ors [2011] UKEAT 0224_10_1101 Employment tribunal under no obligation to transfer unfair dismissal, racial discrimination, religious discrimination and sums due case to the tribunal nearest the workplace - Faleye & Anor v UK Mission Enterprise Ltd & Ors [2010] UKEAT 0359_10_0809 Contractual bonuses and pay in lieu of notice (PILON) - Locke v Candy and Candy Ltd [2010] EWCA Civ 1350 |
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