header-logo header-logo

EMPLOYMENT LAW

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll