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Royal Mencap Society v Tomlinson-Blake

The Court of Appeal has today handed down it’s much anticipated decision in the case of Royal Mencap Society v Tomlinson-Blake. The decision has reversed the Employment Appeal Tribunal’s (EAT) ruling that carers working sleep-in shifts are entitled to the national minimum wage for every hour of their shift, rather than just for those hours that they are awake and carrying out their relevant duties.

 The Court considered the issue as a matter of principle, holding that workers will only be entitled to have sleep-in hours counted for minimum wage purposes where they are, and are required to be, awake for the purpose of performing a specific activity.

 Look out for a more detailed analysis of this decision in our newsletter later this month.

 

Royal Mencap Society v Tomlinson-Blake

Migrants’ rights in the spotlight

Brexit is thought to be one of the reasons why the Tier 2 (General) restricted Certificate of Sponsorship cap has been reached. However, we may at last be seeing some reprieve from this.
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Migrants’ rights in the spotlight

Kilraine v London Borough of Wandsworth [2018]

A recent case has considered the issue of what amounts to a protected disclosure. In Kilraine v. London Borough of Wandsworth [2018], the Court of Appeal guided Employment Tribunals in such cases to focus on determining whether there was a "protected disclosure" and whether the disclosed information, showed or tended to show that one or more of the six specified types of malpractice had taken place or was likely to take place – for example a breach of a legal obligation.
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Kilraine v London Borough of Wandsworth [2018]

Apprenticeship Levy – greater flexibility?

You may recall our April blog post, following the first anniversary of the controversial  Apprenticeship Levy coming into force, in which we focussed on what was mainly a year’s worth of criticism for the Levy. We are now happy to be able to report some more positive news on this front. Since coming into force, those employers paying the Levy were able to transfer up to 10% of their apprenticeship service funds to one other employer. The UK Government have now announced that, from this month, those employers will be able to transfer that 10% to as many employers as they choose.

The aim is to allow larger employers to fund training in smaller employers in their group or supply chain who may not have the resources to fund apprenticeships themselves. In our previous post, we highlighted the fact that one of the criticisms most consistently aimed at the Levy by businesses was its lack of flexibility and practicality. In announcing the new feature at the end of June, the Apprenticeships and Skills Minister, Anne Milton, stated that the government were listening to the requests made by businesses and, as asked, were introducing this change to ” extend the flexibility of the apprenticeship system”.

Although this is certainly a step in the right direction the British Chambers of Commerce have called for further action. The organisation’s head of skills, Jane Gretton, has said that, while they have welcomed the news, they would like to see employers given the option to share up to 50% of their service funds elsewhere. This would represent a more radical change to the current position but is not completely beyond the realms of possibility with enough support and the government willing to listen to businesses and implement changes in the wake of criticism.

If you have any questions regarding the Apprenticeship Levy or how to use/transfer the funds available, please do not hesitate to contact a member of our team for advice.

 

Apprenticeship Levy – greater flexibility?

Pay gap between younger and older workers

The pay gap between the under-30s and over-30s has risen by more than half in the last 20 years, as younger workers are still enduring the residual effects of the financial crisis.
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Pay gap between younger and older workers

Are we getting closer to gender equality?

With the recent focus on pay gap reporting and the #MeToo campaign, Helen Jenkins reflects on the progress being made, both in Britain and globally, in a new People Management article.

Click here to read the article.

Are we getting closer to gender equality?

2020 women on board target – FTSE 350 companies urged by the government to step up

The target, as set by the Hampton-Alexander Review, is for 33 per cent of FTSE board positions to be held by women by the end of 2020. Yesterday BEIS and the Government Equalities Office published a press release looking at the progress made against this target (the Press Release).
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2020 women on board target – FTSE 350 companies urged by the government to step up

Supreme Court hears Barnardo’s RPI/CPI Appeal

Dentons' Reward team are advising the Representative Beneficiaries of the Barnardo's Staff Pension Scheme ("the Scheme") in an application to the Supreme Court to decide whether the Scheme rules permit a switch from RPI to CPI for revaluation or indexation of pension payments.
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Supreme Court hears Barnardo’s RPI/CPI Appeal

Can the menopause constitute a disability?

A recent Employment Tribunal's ruling suggests that the physical and psychological effects of the menopause could constitute a disability for the purposes of the Equality Act 2010 (the 2010 Act) Ms Davies, a court officer for the Scottish Courts and Tribunal Service, had experienced the onset of the menopause resulting in her becoming severely anaemic, stressed and anxious, and experiencing memory loss.
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Can the menopause constitute a disability?

Home Office publishes details of settlement scheme for EU Citizens:

EU citizens will be able to apply for settled status in 3 easy steps for less than the price of a passport, under plans outlined by the Immigration Minister today. Please see here for further details.

Home Office publishes details of settlement scheme for EU Citizens: