Southwark Crown Court, London on 14 October. Gaon Hart, a lawyer at the Crown Prosecution Service, said: "I am satisfied there is sufficient evidence to charge Munir Patel with requesting and receiving a bribe on 1 August, intending to improperly perform his functions. Under the Bribery Act it is illegal to offer or receive bribes, but the rules include a new offence of failing to prevent bribery, which specifically affects employers. Companies will have to show they had adequate procedures in place to prevent bribery; if they do not, they could be liable to prosecution if an employee gives or receives a bribe. October 2011 Patel was sentenced to three years for bribery and six years for misconduct in a public office, which he also admitted at Southwark Crown Court. He will serve both sentences concurrently. 14 September 2011 Daniel Barnett’s Employment Law Bulletin sets out the Court of Appeal judgement in Hughes v The Corps of Commissionaires Management Ltd. Does requiring a security guard to remain on call during his rest breaks contravene the requirements of the Working Time Regulations? Not necessarily, according to the Court of Appeal in Hughes v The Corps of Commissionaires Management Ltd . Regulation 12 provides that a worker is entitled to an uninterrupted 20 minute rest break when his daily working time is more than 6 hours. Regulation 21 excludes that requirement where the worker "is engaged in security and surveillance activities requiring a permanent presence...", but Regulation 24 provides that an employer should "wherever possible allow him to take an equivalent period of compensatory rest". The security guard in this case was provided with an area where rests could be taken, but he had to remain on call during those periods, meaning that his break might be interrupted. Significantly, if that happened he was permitted to start his break again. The Court of Appeal held that the employee's work fell within Regulation 21, and that the breaks provided to him were properly described as an "equivalent period of compensatory rest" (Regulation 24). The employee's suggestion that a risk assessment might be required because of the possibility of interruption was firmly rejected, the Court noting that he might well end up with a break longer than the 20 minutes typically required by the Regulations REST BREAKS
PILOT’S HOLIDAY PAY NOT LIMITED TO BASIC SALARY
21 September 2011 When a pilot is on holiday, should holiday pay be calculated from basic salary, or should the
calculation include allowances on top of basic salary? Daniel Barnett’s Employment Law Bulletin reports:
After a reference by the Supreme Court in the cases of Williams & Others v British Airways plc the answer to the question that landed at the European Court of Justice "ECJ" is that generally, allowances must be included in holiday pay where they relate to "any inconvenient aspect" intrinsic to the performance of the job, e.g. a flying allowance paid to a pilot, whereas an allowance for occasional or ancillary costs, e.g. an allowance for time spent away from
CIPP Policy News Journal
09/10/2012, Page 48 of 234
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