The following Employment Q&A provides comprehensive and up to date legal information covering:
There are four categories of work for the purpose of identifying which hours count (and do not count) as working time for which the national minimum wage (NMW) is payable:
salaried hours work
output work, and
Which of these four categories applies will depend upon the way in which the worker is paid for what they do. For further information, see Practice Note: National minimum wage—Hours worked for national minimum wage purposes.
See also Minimum wage compliance checklist, which summarises the main steps and matters to be considered in determining whether or not someone is entitled to receive, and receives, the minimum wage.
The hours a worker spends training, when he would otherwise be doing time work, are treated as time work. For these purposes, ‘training’ includes hours when the worker is:
receiving training at his normal place of work
attending another venue, when he would otherwise be working, to receive training approved by the employer
travelling, when he would otherwise be working, between a place of work and the training venue (ie not between home and the venue)
Hours when the worker would ‘otherwise be working’ includes an
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When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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