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Employment Law Journal: June 2017

A recent EAT decision on night shift pay is threatening the overstretched care sector’s ability to provide services, warns Carla Whalen

Calculating the national minimum wage (NMW) has long been a source of worry for employers, with particularly difficult questions arising over workers who undertake on-call and sleep-in shifts overnight.

Paula Rome considers some tricky issues for legal advisers asked to draw up employment-related policies

HR teams will often contact legal advisers (both in-house and external) requesting standard precedents, policies or procedures on a specific issue. While some policies and procedures do lend themselves to standardisation, many require careful consideration to ensure that they are appropriate for your organisation and are introduced in a way which will not cause conflict with existing working practices.

Katherine Pope rounds up recent case law and developments affecting employers and their advisers

Lewis Silkin

Tom Heys and Kayleigh Williams examine the main political parties’ general election promises on employment law issues

Employment issues have emerged as a major election battleground, reflecting the aspirations of the Conservatives and Labour – and perhaps to a lesser extent the Liberal Democrats – to be recognised as the ‘workers’ party’. Theresa May has rather boldly claimed to be pledging:

Stefan Martin and Helena Davies look at some of the different ways EU member states and the US are responding to the rise of non-standard working arrangements and how these contrast with the UK’s approach

The rapid and widespread growth of the gig economy has ramifications for employment law in many jurisdictions. There have been a range of legislative and case law responses, particularly on the question of the legal status of workers in the new economic environment and the classification of workers as employees or self-employed contractors. Some of these provide food for thought on how the UK might tackle this issue after the general election.


Martin Cheyne and James English discuss a recent Court of Appeal decision on whether a worker can bring a claim for detrimental treatment against not only their normal employer but against a second organisation with which they have a working relationship

On 5 May 2017, the Court of Appeal handed down judgment in Day v Health Education England [2017]. This was a high-profile whistleblowing claim which may extend the protection given to junior doctors and other workers in training. This article examines the judgment and considers the implications for employers and workers in the NHS and beyond.

Catrina Smith and Amanda Sanders explore new requirements aimed at weeding out senior banking executives with poor conduct records

On 7 March 2017, one year after the Senior Managers and Certification Regime was introduced to improve accountability in the financial services sector, the new regulatory reference requirements came into effect. The purpose of regulatory references is to make it harder for senior staff with poor conduct records to be ‘recycled’ between firms. It remains to be seen whether the new rules will have the desired effect of weeding out all those with poor conduct records or will simply create more disputes about references and result in more contentious exits.