The Minimum wage did not apply to a worker sleeping over without duties to perform
Minimum Wage legislation (not WTR) applied
Wray v JW Lees & Co (Brewers) Ltd (National Minimum Wage  UKEAT 0102_11_1407
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  ICR 1172 and South Manchester Abbeyfield v Hopkins  ICR 254 .
In dismissing the appeal the case was decided by the EAT under the provisions of the National Minimum Wage Regulations 1999.
|Transcript of the judgement:- Wray v JW Lees & Co (Brewers) Ltd (National Minimum Wage ||
Requests to continue working after 65 must be considered in good faith - Compass Group Plc v Ayodele  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  UKEAT 0058_10_1706
Overtime payments in the absence of an agreement - Driver v Air India Ltd  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)  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)  UKEAT 0379_10_2405
Judicial proceedings immunity applies to all types of discrimination including victimisation - Parmer v East Leicester Medical Practice (Victimisation Discrimination)  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  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  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  EWCA Civ 184
TUPE transfers apply where the transferor was in administration - OTG Ltd v. Barke & Ors  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)  EWCA Civ 226
Employment Tribunal Written Reasons must contain sufficient detail to understand the decision - Greenwood v. NWF Retail Ltd  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  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  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  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  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  UKEAT 0288_10_1712
Discrimination against gay customers was also unlawful sex orientation discrimination against the claimant employee - Lisboa v. Realpubs Ltd & Ors  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  UKEAT 0359_10_0809
Contractual bonuses and pay in lieu of notice (PILON) - Locke v Candy and Candy Ltd  EWCA Civ 1350
| If you have a problem at work over harassment, disability, sex, age, race discrimination or bullying or are seeking compensation or reinstatement for unfair or constructive dismissal then contact workrep for an evaluation of your case. We can also advise you on equal pay, TUPE or employment status. Often an employee will come to us over a breach of contract by their employer or for issues concerning whistleblowing. If your employer has made you redundant you might in fact have been unfairly dismissed or wrongfully dismissed. If you have any other employment issues don't hesitate to contact WorkRep.
You do not need to accept being discriminated against harassed or victimised at work. If you are suffering from bullying victimisation or discrimination at work you need to contact WorkRep early on. Whatever your employment problem is, even if you have failed in your tribunal case and there is now a costs application against you we will try to help. click for further information about problems at work
© 2011 Workrep