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26 June 2008
Issue: 7327 / Categories: Case law , Terms&conditions , Law digest , Employment
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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
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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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