Jan 13, 2021
What key employment cases should be on the HR radar in 2021? We
highlight the most important upcoming cases and discuss their
impact on HR, including those relating to: worker status, holiday
pay, national minimum wage for sleep-in care workers, trade unions
and collective bargaining, and equal pay.
We also look at the impact of Brexit on EU case law and the
state of play of employment tribunals.
The 2021 cases that we discuss will decide the following
- Are Uber drivers self-employed or are they workers, meaning
that they are entitled to basic employment rights?
- Are sleep-in care workers entitled to the national minimum wage
while they are asleep?
- Are employers permitted to make direct pay offers to employees
"over the heads of the union" when collective bargaining breaks
- Should employers include voluntary overtime in the calculation
of employees' holiday pay?
- How far should claims for the unlawful exclusion of overtime
from holiday pay calculations be limited?
- How should employers calculate holiday pay for term-time
- Are supermarket workers, who are mostly female, able to compare
their pay with the pay of depot workers, who are predominantly