This week’s video covers the amendments to the National Minimum Wage Regulations and how this affects employers, and the recent Tribunal decision confirming when sleep-in workers must be paid here.

If you have any queries about the matters discussed in this video, please email employmenthub@chadlaw.co.uk for help and advice.

Employers Must Ensure Adequate and Regular Training for Employees

In Allay (UK) Ltd v Gehlen, the EAT were particularly critical of the ‘stale, brief and insubstantial’ equality and diversity training submitted as a defence to show that the company had taken reasonable steps in preventing racial harassment.  The company did in fact have an equal opportunity policy / anti-bullying and harassment procedure, however the most up to date training was carried out nearly three years prior to the Claimant’s dismissal.  The EAT therefore concluded that the training was no longer effective, which was compounded by the failure of the management team to take action against racist remarks made, while also passing off comments as merely ‘banter’.

“You can do a lot if you’re properly trained, it’s all to do with the training” – Queen Elizabeth II – Chadwick Lawrence

Employee Loses COVID-19 Automatic Unfair Dismissal Case

An employee alleged they were dismissed for refusing to return to work due to a serious and imminent danger, being the risk of contracting COVID-19, but the Tribunal decision confirmed the employee’s concern for such danger was not limited to just the workplace as coronavirus was present in society, and the Employer had taken reasonable measures to reduce the risk of infection in the workplace. Had the Tribunal agreed with the Claimant, this would have allowed workers to ‘down-tools’ until the end of all national restrictions. The employee’s actions further contributed to the decision, as they took into account his act of driving a friend to an appointment whilst he was supposed to be self-isolating due to having symptoms of COVID-19.

https://www.gov.uk/employment-tribunal-decisions/mr-d-rodgers-v-leeds-laser-cutting-ltd-1803829-slash-2020

ASDA Loses Supreme Court Appeal in Equal Pay Case

The Supreme Court upheld the Appeal Court decision that lower paid shop-floor workers, the majority of which are female, should be paid the same as male workers in the distribution centres, as the roles are deemed to be of equal value. Therefore, to maintain unequal pay would be discriminatory.

https://www.supremecourt.uk/cases/uksc-2019-0039.html