header-logo header-logo

26 June 2008
Issue: 7327 / Categories: Case law , Terms&conditions , Law digest , Employment
printer mail-detail

EMPLOYMENT LAW

Revenue and Customs Commissioners v Annabels (Berkeley Square) Ltd [2008] All ER (D) 170 (Jun)

The statutory scheme established by the National Minimum Wage Act 1998 specifically defines what “remuneration” means by reference to the question whether or not money payments paid to workers are paid by the employer. That question calls for a precise legal analysis of the payment. The question is determined by the answer to the question “who owned the money which was paid to the employees at the point they were paid”?

It followed that, where restaurant or bar service charges are paid by the customer to the employer, but are then paid into a “troncmaster’s” bank account for distribution by him in accordance with a “tronc scheme” agreed between the troncmaster and employees, the sums so distributed to employees are not “paid by the employer” for the purposes of being included in  the national minimum wage calculation.

Issue: 7327 / Categories: Case law , Terms&conditions , Law digest , Employment
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
back-to-top-scroll