Weekly Issue 589

Tribunal claims go through the roof

According to statistics published this month by the Ministry of Justice, the number of single tribunal claims have increased by 165 per cent (…).

Sleepy exception

The National Minimum Wage (NMW) regulations state that workers are entitled to be paid the NMW for the actual hours they work. In the conjoined cases of The Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersand, the Court of Appeal clarified that workers who are required to sleep at or near the place of work, and are provided with suitable facilities for sleeping, are not entitled to the NMW while they are asleep (…).

Extinguishing dismissal

Employees have the right to appeal against a decision taken by their employer following a disciplinary hearing to dismiss them. In Folkestone Nursing Home Ltd v Patel, the Court of Appeal held that where, following a successful appeal, the decision to dismiss is revoked, it follows that the contract of employment is revived, thereby extinguishing the original dismissal (…).