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Employment & Discrimination Newsletter

March 2020

Edited by Katherine Anderson

News
Case Law Review
Events
News
National Minimum Wage (Amendment) (No 2) Regulations 2020

These regulations, which come into force on 6 April 2020, amend the National Minimum Wage Regulations 2015, SI 2015/621.

The first regulations implemented the annual increases to the NMW rates.

The second NMW amendment regulations of 2020 widen the range of pay arrangements that are compatible with workers being treated as salaried hours workers under the NMW rules. They also make a small change to the rules on payments by workers which reduce pay for NMW purposes: where a worker makes a purchase from their employer in connection with their employment (e.g. the latest clothing line for uniform in an apparel store) then if the employer reimburses the purchase it will not reduce NMW pay. These amendments also cover cases where the employer provides money for the purchase before it is made, for example through a uniform allowance payment. Under the current NMW Regulations, such purchases always reduce NMW pay even where they are reimbursed by the employer.
Coronavirus in the workplace
 
Public Health England, and ACAS, have published guidance on the novel coronavirus, COVID-19, for employers and businesses:
 
Click here to read Public Health England's guidance
 
Click here to read ACAS' guidance
3PB's Employment Breakfast seminar was run in Bristol Chambers by Simon Tibbitts on Friday 28 February
Case Law Review
Whistle-blowers beware: just because there is a PD doesn't necessarily mean that the employer can't respond (and damage your reputation) in order to 'set the record straight'

Jesudason v Alder Hey Children's NHS Foundation Trust [2020] EWCA Civ 73

By Simon Tibbitts
Long term disability benefits: it all depends on the contract

ICTS (UK) Limited v VISRAM [2020] EWCA Civ 202

By Katherine Anderson
Jhuti in the context of unfair dismissal proceedings

Uddin v London Borough of Ealing UKEAT/0165/19/RN

By Grace Nicholls
Illegality and separating a PD from an underlying dispute

Robinson v His Highness Sheikh Khalid Bin Saqr Al Qasim UKEAT/0106/19/RN

By Simon Tibbitts
Can a one-off decision amount to a PCP? Generally not, unless it can be shown that the decision, act or omission relied upon would be the same in a similar situation, says the Court of Appeal in Ishola v Transport for London [2020] EWCA Civ 112

By Sarah Clarke
Events
MARCH
26 March - Oxford
Employment law breakfast forum
Click to book
MAY
1 May - Bristol
Employment law breakfast forum
Click to book
JUNE
2 June - Oxford
Employment law breakfast forum
Click to book
17 June - Birmingham
Employment law breakfast forum
Click to book
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3PB Barristers
London 020 7583 8055 | Birmingham 0121 289 4333 | Bournemouth 01202 292 102 | Bristol 0117 928 1520 | Oxford 01865 793 736 | Winchester 01962 868 884 www.3pb.co.uk


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