In a new monthly article, we summarise the employment law developments you need to know about. Each month we'll look at important recent cases, what's been happening in relation to new legislation, and other interesting developments.
This month we explore The Commissioners for HM Revenue and Customs v Taylors Services Ltd (Dissolved) and others. In this case, the Court of Appeal looked at whether poultry workers were entitled to the national minimum wage for the time spent travelling from their homes to and from farms on their employer's minibus. Next we turn to Woodhead v WTTV Ltd and another, where the High Court had to decide if the employer had breached its duty of care to an employee accused of sexual harassment. Lastly, Mahoro v The Northern Care Alliance considered whether the employer had failed to make reasonable adjustments where they were not feasible for safety and operational reasons.
Workers were collected from their homes each day by a minibus provided by their employer and taken to the poultry farms where they would be working. They were driven home again after work. They could spend up to eight hours travelling each day and were paid 2.50 per hour for the time spent travelling. HMRC decided that they should be paid the national minimum wage (NMW) for their travel time and issued notices of underpayment. The employer's challenge to these notices failed in the employment tribunal (ET) but succeeded in the Employment Appeal Tribunal (EAT). HMRC...
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