Labour & European Law Review
02 July 2014
Following a call for evidence last year on the effectiveness of the whistleblowing legislation, the government published its response last week.
It can be difficult for tribunals to decide whether a worker is merely “on call” or doing time work for the purposes of the National Minimum Wage (NMW) legislation.
In order to ascertain whether evidence is materially relevant to a claim, tribunals have to evaluate it and then use its discretion to decide whether it should be excluded or not.