Labour & European Law Review
11 November 2015
Following a consultation earlier in the year about applying a £95,000 cap to exit payments for public sector workers, the government has now drafted regulations setting out how the cap will work.
In contrast to recent cases concerning on-call workers the Employment Appeal Tribunal (EAT) has held in Shannon v Rampersad & Rampersad t/a Clifton House Residential Home that a salaried worker who sleeps at or near his place of work when on call is not entitled to the National Minimum Wage (NMW).
The law says that immediately before a “service provision change” there has to be an organised grouping of employees whose principal purpose is to carry out activities on behalf of the client. In Inex Home Improvements Ltd v Hodgkins and ors, the Employment Appeal Tribunal (EAT) held that a temporary cessation of work immediately prior to the transfer did not necessarily prevent a TUPE transfer taking place.