Labour & European Law Review
07 January 2015
According to a government survey of apprenticeship pay published last month, around 42 per cent of apprentices in hairdressing and 26 per cent of apprentices in children’s care were not being paid the correct rate under the National Minimum Wage (NMW). Both these sectors have a high proportion of female apprentices.
Although tribunals are allowed to regulate their own procedures and conduct hearings in whatever way they think is fair, the Employment Appeal Tribunal (EAT) held in East of England Ambulance Service NHS Trust v Sanders that they cannot investigate evidence or make enquiries about evidence that was not volunteered by either party to the case.
Section 10 of the Maternity and Parental Leave etc. Regulations 1999 requires employers to offer women a suitable alternative job if their post is made redundant whilst they are on maternity leave. In Sefton Borough Council v Wainwright, the Employment Appeal Tribunal (EAT) held that the obligation under section 10 arises when the job the woman does is redundant or potentially redundant.