Latest case reports added to HR & Compliance Centre
We provide a round-up of case reports added to HR & Compliance Centre this week, covering: part-time workers; race discrimination; and the national minimum wage.
- Part-time workers: Less favourable treatment does not have to be solely on grounds of part-time status In Carl v University of Sheffield [2009] IRLR 616 EAT, the EAT held that a part-time worker complaining of less favourable treatment does not have to show that the treatment was solely on the ground of his or her part-time status. The EAT also held that the comparison must be with an actual, not a hypothetical, comparator. (Employment Review)
- Race discrimination: Failure to pay tribunal compensation may be victimisation In Rank Nemo (DMS) Ltd v Coutinho [2009] EWCA Civ 454 CA, the Court of Appeal held that an employment tribunal had erred in law in refusing to accept a victimisation claim based on the respondent's failure to pay an award of compensation. (Employment Review)
- Minimum wage: Tips paid through "troncmaster" do not count towards minimum wage In Annabel's (Berkeley Square) Ltd and others v Commissioners for Her Majesty's Revenue and Customs [2009] EWCA Civ 361 CA, the Court of Appeal held that, where restaurant or bar tips are paid to staff through a third-party "troncmaster" (from the troncmaster's bank account), the money received by the staff in this way is not "paid by the employer" for the purposes of the National Minimum Wage Act 1998. The employment tribunal had therefore erred when it decided that three employers could count money distributed by a troncmaster towards their obligation to pay the minimum wage. (Employment Review)
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