2020 vision – what to keep an eye out for in the coming months
Sleep-in workers and the minimum wage
On 12 and 13 February 2020, the Supreme Court will hear the appeal in Royal Mencap Society v Tomlinson-Blake. The court will consider whether the Court of Appeal was correct to conclude that workers, who sleep-in in order to carry out duties if required, will only be entitled to have sleep-in hours counted for minimum wage purposes where they are, and are required to be, awake for the purpose of performing some specific activity.
Employment status
On 22 and 23 July 2020, the Supreme Court will hear the appeal in Uber BV and others v Aslam and others. The court will decide whether to uphold the Court of Appeal’s majority finding that Uber drivers are workers for the purposes of the Employment Rights Act 1996, the National Minimum Wage Act 1998 and the Working Time Regulations 1998.
Vicarious liability
The appeal in Various claimants v Wm Morrisons Supermarket was heard in the Supreme Court on 6 and 7 November 2019 and we are awaiting judgment. The court considered the High Court’s ruling that Morrisons were vicariously liable for a data leak by one of their employees. The breach resulted in around 5000 staff members having their personal data stolen and shared with the public.
Discrimination, equal pay and shared parental pay
We are awaiting a hearing date for the Supreme Court hearing of Ali v Capita Customer Management Ltd; Hextall v Chief Constable of Leicestershire Police. The court will consider whether it was direct or indirect sex discrimination, or a breach of the equal pay sex equality clause, for two employers to fail to pay two male employees enhanced shared parental pay of an amount equivalent to the enhanced maternity pay available to female employees.
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