Minimum Wage Regulations 1999. The employment tribunal had, in error, directed itself to the definition of working time in the Working Time Regulations 1998, which had no application in the context of a national minimum wage claim. Instead of remitting the case, the EAT was able, using the right legislation, to determine the claim on the facts found by the employment tribunal. On these findings it was clear the claimant was not working during the periods in question and could not therefore call these into account into account for the purposes of a national minimum wage claim. The exceptions in regs 15 (1A) (time work) or 16 (1A) (salaried hours work) of the NMWR applied. The requirement to sleep at the premises did not require the employee to do any work and her position could be distinguished from that of night watchman or night sleeper in a residential home, who had responsibilities throughout the night (see South Manchester Abbeyfield v Hopkins [2011] ICR 254). 7 September 2011 The Employment and Employment Appeal Tribunal statistics for 2010-2011 have been published and show part time workers claims have almost trebled. Daniel Barnett’s Employment Law Bulletin summarises the statistics . The statistics show an 8% fall in claims received when compared with 2010 but a 9% rise in the number of cases disposed of. The number of single claims received has fallen 15% and the number of multiple claims has fallen 4%. Whilst the number of unfair dismissal and redundancy pay claims has fallen slightly, claims under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations almost trebled and Age Discrimination claims have risen 32%. With regard to compensation, the median award for unfair dismissal was £4,591. The medians for discrimination claims were around £5,000-£6,500 (excluding age where the median award was £12,697). The highest award for unfair dismissal was £181,754. This is in excess of the statutory cap and it is likely that the dismissal was related to a complaint of whistleblowing or health and safety. The highest award for discrimination was £289,167 (sex) compared with £729,347 (disability) in 2009-2010. The statistics also reveal a slight increase in the number of appeals received by the EAT, while the number of appeals disposed of at a full hearing fell by comparison with 2009-2010. 7 September 2011 A court clerk is the first person to be charged under the Bribery Act for apparently taking a kickback at work to waive a traffic penalty for a court defendant. People Management report: Patel is accused of accepting a £500 bribe while he was working at Redbridge Magistrates' Court in Ilford to leave a traffic penalty off a legal database. He faces charges under the new act - which came into force on 1 July - while further charges against him include misconduct in a public office and perverting the course of justice. Patel was arrested after The Sun newspaper filmed the incident and he is due to appear at ANNUAL EMPLOYMENT TRIBUNAL STATISTICS FIRST WORKER CHARGED UNDER THE BRIBERY ACT
CIPP Policy News Journal
09/10/2012, Page 47 of 234
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