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Live-In Care Home Worker Must Be Awake to be Working

The Employment Appeal Tribunal (EAT) has ruled that a night worker who lived in at the residential care home where he was employed was not entitled to be paid the National Minimum Wage (NMW) for hours when he was on call but asleep. The care home assistant lived in a flat on site and was required to be on call between 10:00pm until 7:00am daily. He was permitted...

Businessman Wrongly Jailed for Breaching Freezing Order

The power of English courts to freeze assets is global in scope and breach of such orders can result in heavy fines and even loss of liberty. However, in one case, the Court of Appeal has ruled that a businessman was wrongly handed a prison sentence on the basis of inadequate evidence. Businessman A and his overseas company had been issued with a freezing order...

Commercial Building Cladding ‘Defects’ Trigger £2 Million Claim

In considering a £2 million claim in respect of allegedly dangerous defects in the cladding of a landmark commercial building, the High Court has given important guidance on the effect of contractual terms which seek to place time limits on potential liability. The tenant of the building launched proceedings after a large cladding tile fell into the street from...

Non-Resident for Tax Purposes? It’s Not Just a Matter of Physical Absence!

Proving that you are not a UK resident for tax purposes can be a tricky business and many people have mistakenly believed that all they need to do is to keep the number of days they spend in Britain down to fewer than 91 in any one tax year. The falsity of that assumption was revealed by one case in which a businessman received a £5.5 million Income Tax demand...

ACAS Publishes Revised Guidance on Peripatetic Workers

Following the decision of the Court of Justice of the European Union in FederaciÓn de Servicios Privados del Sindicato Comisiones Obreras v Tyco Integrated Security SL and Another that time spent travelling to and from a customer’s premises at the beginning and end of the day by a worker who is not assigned to a fixed place of work constitutes working...