The Supreme Court has ruled that LLP members are “workers” and will benefit from whistleblowing protection. This judgment has been long awaited. It also means that LLP members will benefit from other protections such as the right to be paid the national minimum wage, auto-enrolment in respect of a pension, working time, rights under the Part Time Workers Regulations 2000 and against unlawful deductions.
In British Gas v Lock the European Court of Justice (ECJ) has held that Mr Lock, a salesman on a basic salary with variable commission should have his commission taken into account when calculating his holiday entitlement.
The Employment Appeal Tribunal (“EAT”) has held that a care worker who was required to work night shifts and “sleep-in” is entitled to be paid the national minimum wage (“NMW”) for all hours worked. This judgment is key not just in the care industry but for any employment that involves sleeping at a place of work. The ramifications are significant as employers could be liable for past underpayments to employees.
Many employers believe that if they do not know about an employee’s disability they cannot be liable. This is not the case. An employer has a duty to make reasonable adjustments for an employee, where it knows, or could reasonably be expected to know, that the employee is disabled and is likely to be placed at a substantial disadvantage as a result of that disability.
Today just so happens to mark two significant events. Firstly, today is my first day at QualitySolicitors Knight Polson. I will be working alongside my colleagues in the civil department providing advice to businesses and individuals on employment matters. Having worked at a niche employment practice I have extensive experience advising both sides on both contentious and non-contentious matters including advising on employment tribunal claims and negotiating settlements. I am able to advise businesses on grievances, redundancies and disciplinaries and can provide high quality human resources documents.