header-logo header-logo

12 February 2014 / Ian Smith
Issue: 7594 / Categories: Features , Employment
printer mail-detail

Employment law brief: 12 February 2014

web_smith_2

Ian Smith tackles a tricky employment law conundrum

Sometimes in employment law an apparently simple employment question fails to give rise to an equally simple legal answer. One such question has arisen again recently. If an employee is charged with an offence which means they cannot attend work (usually because of a remand in custody, but here for a different reason) does the employer have to continue paying wages? The optimum position here is if the contract contains an express clause permitting (or not permitting) a suspension without pay in the relevant circumstances. However, in the lack of that the position becomes more complex. The common law position is that the consideration for wages is not actual work, but readiness and willingness to work. This means that there may be a continuing entitlement to wages in the case of sickness, injury or other unavoidable impediment. It is this last element that causes the problem here—is being charged with an offence “unavoidable”?

Ekwelem v Excel Passenger Service Ltd

The point arose directly

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Some employment law controversies never disappear—they merely lie dormant
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
back-to-top-scroll