Legal News

The Supreme Court considered how far sleep-in care sector workers were entitled to the national minimum wage. The court in Royal Mencap Society v Tomlinson-Blake  (bailii.org) held that sleep-in care sector workers who were expected to sleep but might need to answer emergency calls during the night were not entitled to the minimum wage while asleep.... Read more »
The Supreme Court has issued a far-reaching decision on how to determine whether an individual is protected by employment legislation. The question was whether Uber drivers were ‘workers’, so as to have rights against Uber to the national minimum wage, paid holiday, and whistleblowing protection. Uber argued that drivers contracted directly with passengers, with Uber... Read more »
Under Lockdown 3 regulations from 6th January, in England people can only leave home for work purposes if it is not reasonably possible to work from home. Up to 5th January that was the legal position in Tier 4. In other Tiers the guidance was that everyone who can work from home should do so.... Read more »
From 1st January 2021, EU law is incorporated into UK law but with the UK free to amend it, subject to any agreement to the contrary. Previously the UK remained bound by EU law during an ‘implementation period’ lasting until 31st December 2020. Even after that date though, for the time being the UK courts... Read more »
Diana Kloss’s latest blog reports on a case which has held that legal protections on PPE and leaving work in circumstances of danger should apply to ‘workers’, not just employees. The Independent Workers Union of Great Britain (IWGB) was successful in its claim that UK legislation failed to implement EU directives requiring that protection should... Read more »
The Court of Appeal confirmed that saving or avoidance of costs, without more, is not sufficient for the justification defence. However an employer’s need to reduce its expenditure in order to balance its books could be a legitimate aim. In Heskett v Secretary of State for Justice, (bailii.org) the government had introduced limits on public... Read more »
Just published! Our new book: Hand-arm vibration syndrome: A guide for occupational health practitioners is now available. Written by Dr Roger Cooke, it examines the best practice in diagnosis and management of conditions related to hand-arm vibration exposure. Expertly written, and widely researched, this book will be an indispensable resource within the field of occupational... Read more »
The Information Commissioner’s Office has issued revised guidance on subject access requests (SARs) under the GDPR. As outlined in the ICO’s blog post (ico.org.uk), some key changes or areas where the guidance (ico.org.uk) has been expanded relate to: stopping the clock to ask for clarification of an individual’s request if genuinely required; when is a... Read more »
New section on face coverings for staff, as regards new rules from 24th September. From 24th September, broadly retail, leisure and hospitality staff are required to wear a face covering when they are in a part of the premises ‘which is open to the public, and comes or likely to come within close contact of... Read more »