Augustine Clement

EAT gives guidance on rest breaks and compensatory rest

The Working Time Regulations 1998 entitle a worker to one rest break during the course of the working day where the daily working time exceeds six hours, and not one break for each and every six hours worked. Corps of commissionaires Management Ltd v Hughes   

Workers accrue holiday whilst off sick.

A worker who is on sick leave for the whole of an annual leave year is still entitled to take their full entitlement to statutory holiday or be paid for it. 


What is a substitution clause a sham?

The EAT determined that when neither party intend the substitution clause to apply, the clause a sham. Redrow Homes (Yorkshire) Ltd v Buckborough and anor

Employment Law changes in October

October is upon us again and it’s all change again in area of employment law practice.  Of particular note are the increases in the national minimum wage and the extension of employees’ rights on maternity and adoption leave.

Update on choice of Law in Rome 1

Choice of law clauses in contracts determines what law governs a contract and this can be crucial in contractual dispute. We will be looking at this clause, not from the perspective of seasoned international traders, but from the perspective of small traders and consumers involved with ecommerce.

Government guidance on migrant workers and TUPE transfers

The UK Border Agency (UKBA) has updated its guidance to make clear who must notify UKBA, via the sponsorship management system, when a transfer under TUPE results in the transfer of migrant workers sponsored under the new points based immigration system.

Duty to inform and consult under TUPE

Where an employer is mistaken in their hat TUPE does not apply, it will not automatically be in breach of its information and consultation obligations by failing to inform employees of the correct legal position. Royal Mail Group Ltd v Communication Workers Union

Compensation for Unfair Dismissal goes up to £66,200.

The Employment Rights (Increase of Limits) Order 2008 SI 2008/3055 has now been published. The Order increases the limits on certain employment tribunal awards and other amounts payable under employment legislation from 1 February 2009.