The Latest from Cloisters

News, Publications, Policies, Events and Blogs

Court of Appeal in Mencap: The end of minimum wage for sleep-ins when asleep?

Royal-Courts-of-Justice
Nathaniel Caiden considers today’s Court of Appeal judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad in which Caspar Glyn QC and Chesca Lord appeared for Mr Shannon. The Court of Appeal in   Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad   [2018] EWCA Civ 1641were concerned with the issue of whethe...
Continue reading

Court of Appeal hands down judgment in 'sleep-in' case of Mencap

News-papers
The Court of Appeal handed down judgment this morning in the combined appeals of in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad (full judgment available here ). In the sole judgment, Lord Justice Underhill has overturned a substantial body of case law and found that “sleep-in” residential care workers are only entitled to the Nat...
Continue reading

Trafficking victim awarded High Court damages in minimum wage and harassment claims

Legal-statue
Anna Beale represented the claimant, Ms Ajayi, a migrant domestic worker, in this unusual High Court claim brought against her former employers, Mr and Mrs Abu, for payment of the minimum wage, harassment, breach of contract and personal injury. In August 2017, the court found that the “family worker” exemption to the requirement to pay the minimum...
Continue reading

Not all in the family: migrant domestic worker who had to “pay” for accommodation and food wins minimum wage claim.

ABE-and-NC
In a minimum wage claim, brought by a migrant domestic worker, the High Court has addressed the “family worker” exemption found in the National Minimum Wage Regulations 2015, specifically the provision relating to “deductions” in respect of accommodation and meals. Nathan Roberts considers the case and the trap the Defendants set for themselves. An...
Continue reading