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UK Supreme Court Sleep-in Workers Decision

Specialist employment law barrister Mathew Gullick QC analyses the UK Supreme Court's judgment of 19 March 2021, which completed many years of litigation over the issue of whether “sleep-in” workers were entitled to be paid the National Minimum Wage (NMW) during the whole of the periods when they were required to be at work but were permitted to be asleep.

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Cross - establishment comparisons are generally to be permitted save in exceptional circumstances: Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44

Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44

Employment law barrister Simon Tibbitts analyses the judgment of the Supreme Court handed down on Friday, 26th March, outlining  the clarity the case provides on the approach and principles to be adopted when dealing with cross-establishment comparisons in Equal Pay claims.

Simon highlights the clarity the Judgment brings and suggests large employers would be well advised to review their pay structures.

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The EAT finds that workers are not entitled to carry over unpaid annual leave that was actually taken in Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA

Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA

Specialist employment barrister Sarah Clarke analyses the EAT's decision in Smith v Pimlico Plumbers Ltd UKEAT/0211/19/DA , in which Mr Justice Choudhury considers whether a worker is entitled to a payment in lieu of annual leave upon termination, whether such leave was taken or not, in circumstances where the respondent did not provide any paid annual leave during the relationship.

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