Labour & European Law Review
04 February 2015
Following a consultation exercise, the government has published the draft National Minimum Wage (NMW) Regulations 2015, which will come into force on 6 April.
Section 47B of the Employment Rights Act (ERA) states that workers can bring a tribunal claim if they are subjected to detrimental treatment by their employer as a result of making a protected disclosure. In McKinney v London Borough of Newham the Employment Appeal Tribunal (EAT) held that time for lodging the claim begins to run on the date that the detriment occurs, not when the employee becomes aware of it.
It is important to decide whether someone is an employee or a worker, as they enjoy different employment rights. In Pimlico Plumbers Ltd v Smith, the Employment Appeal Tribunal (EAT) held that the tribunal had been entitled to find that a self-employed contractor who was subject to a high level of control by his employer was a worker and not an employee, and could therefore only claim limited employment rights.