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Employment Matters - April 2021 - Independent Health

By Zoe Wigan, Hilary Larter, Ceri Fuller


Published 08 April 2021


DAC Beachcroft's Employment Matters focuses on some of the most interesting cases and events occurring within the Employment Law sector.


We have already sent two alerts last month on important Supreme Court decisions:

1. Equal Pay: comparison can be made with males working in distribution centres

The Supreme Court held that the mainly female store-based claimants are entitled to choose comparators who are mainly male colleagues working in distribution centres.

Please see our alert here

2. National Minimum Wage: Sleep in workers

The Supreme Court held that sleep in workers are not entitled to National Minimum Wage for the entirety of their shift.

Please see our alert here

Other case law developments of interest this month include:


1. TUPE: Splitting employees’ contracts after a service provision change

In a case which leaves practical difficulties, the EAT has confirmed that employees’ contracts can be split between multiple transferees on a service provision change.

Read more

2. Whistleblowing: The public interest test is widely defined

A worker may be protected as a whistle-blower even if the public interest only affects one client, and blowing the whistle is not the workers only motivation.

Read more

3. Discrimination: Not religious discrimination to remove a Christian from office for publicly voicing views about same sex adoption and homosexuality

A Christian, who was a magistrate and a non-executive director of an NHS Trust, did not suffer discrimination or victimisation when he was removed from these offices after speaking out publicly against same sex adoption.

Read more

4. Working Time: Standby periods are working time when constraints “objectively and very significantly” affect the worker’s freedom while standing by

The European Court of Justice has considered two cases on the circumstances under which standby time will constitute working time.

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5. April Changes

Annual changes in statutory rates, limits and benefits will take effect in April. This article sets out the key changes.

Read more