Podcast: Key 2021 employment cases HR should know about

We highlight key cases due to be decided this year and discuss their impact on HR. These include cases on: worker status, holiday pay, the national minimum wage and sleep-in care workers, trade unions and collective bargaining, and equal pay.

The 2021 cases that we discuss will decide the following questions:

• Are Uber drivers self-employed or are they workers, meaning that they are entitled to basic employment rights?
• Are sleep-in care workers entitled to the national minimum wage while they are asleep?
• Are employers permitted to make direct pay offers to employees "over the heads of the union" when collective bargaining breaks down?
• Should employers include voluntary overtime in the calculation of employees' holiday pay?
• How far should claims for the unlawful exclusion of overtime from holiday pay calculations be limited?
• How should employers calculate holiday pay for term-time workers?
• Are supermarket workers, who are mostly female, able to compare their pay with the pay of depot workers, who are predominantly male?

Related resources

• Aslam and others v Uber BV and others (worker status)
• Royal Mencap Society v Tomlinson-Blake; Shannon v Rampersad and another t/a Clifton House Residential Home (national minimum wage)
• Kostal UK Ltd v Dunkley and others (trade unions and collective bargaining)
• Harpur Trust v Brazel (holiday pay for term-time workers)
• Asda Stores Ltd v Brierley and others (equal pay)
• Listen to previous podcasts

Transcript