Weekly Issue 445

Capping public sector exit payments

Following a consultation earlier in the year about applying a £95,000 cap to exit payments for public sector workers, the government has now drafted regulations setting out how the cap will work.

Working hours

In contrast to recent cases concerning on-call workers the Employment Appeal Tribunal (EAT) has held in Shannon v Rampersad & Rampersad t/a Clifton House Residential Home that a salaried worker who sleeps at or near his place of work when on call is not entitled to the National Minimum Wage (NMW).

Getting organised

The law says that immediately before a “service provision change” there has to be an organised grouping of employees whose principal purpose is to carry out activities on behalf of the client. In Inex Home Improvements Ltd v Hodgkins and ors, the Employment Appeal Tribunal (EAT) held that a temporary cessation of work immediately prior to the transfer did not necessarily prevent a TUPE transfer taking place.