The Equality Act 2010 (EqA 2010) implies an equality clause into a person's (A's) terms of work, or an equality rule into an occupational pension scheme, where A: • is employed on work that is equal to the work that a comparator of the opposite sex (B) does, or • holds a personal or public office and does work that is equal to the work that a comparator of the opposite sex (B) does See Practice Note: Equal pay: how claims work. A complaint may be made of breach of the equality clause to a tribunal and, in principle, for breach of contract in the ordinary courts. Where a claim based on breach of the equality clause is taken to the ordinary courts, the court has power to strike out the claim where it appears to the court

A Tomlin order is often used to settle a dispute between two parties, (say) A and C. A Tomlin order is made up of two parts: • a consent order—that stays proceedings on agreed terms with liberty for a party to go back to the court to enforce the agreement in the event that one of the parties does not comply with the order. This will be approved by the court and it is enforceable as a court order. In practice, the order is kept short • a schedule—the terms of the settlement agreed by the parties are not set out in the consent order but in a separate schedule to the order. The schedule is a contract between the parties as to what they have agreed to do. As a consequence, the terms of the schedule

For information on the obligation to offer suitable alternative employment to a woman who is on maternity leave under the Maternity and Parental Leave etc Regulations 1999 (Mat/Pat Regs 1999), SI 1999/3312, reg 10, see the section of Practice Note: The right to return to work after maternity leave entitled Redundancy during pregnancy or maternity leave. The obligation arises where it is not practicable by reason of redundancy for the employer to continue to employ the employee under her existing contract of employment. In those circumstances, the employer must offer the employee any suitable alternative vacancy that exists either: • with the employer • the employer's successor, and/or • with any associated employer 'Redundancy' in Mat/Pat Regs 1999, SI 1999/3312, reg 10 has the same meaning as in section 139 of the Employment

As our in-house team are England and Wales qualified our LexisAsk service does not cover questions outside of this jurisdiction. This Q&A refers you to the following information, based on the law of England and Wales, which you may find useful. The right to take time off from work for holidays may arise under contract or statute. In relation to statutory holiday entitlement, the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, which implement Directive 2003/88/EC, the Working Time Directive (WTD), give workers a statutory entitlement to paid holiday. This entitlement is to a total of 5.6 weeks' annual leave each 'leave year', made up of: • a basic entitlement to a minimum of four weeks' annual leave (20 days for a regular full-time worker) each leave year, implementing the right to annual leave under the Working Time Directive • an additional entitlement to 1.6 weeks' annual leave (eight days for a regular full-time worker) each leave year,

The answer to this question assumes that the employer's full-time workers are not required to work on bank holidays under their contracts. It also assumes that 'bank holiday' includes traditional public holidays, such as Good Friday and Christmas Day, which are not, in technical terms, 'bank' holidays. For further information in relation to bank holidays generally, see our Practice Note Holiday—Bank holidays and public holidays. For further information in relation to part-time workers generally and holiday arrangements for such workers, see our Practice Notes: • Part-time workers • Holiday—Part-time workers, annualised hours and other atypical working arrangements Bank holidays There is no statutory right to paid public holidays (or time off in lieu of them)—see Holiday—Whether there is a right to take a bank or public holiday as paid leave. However, many employers grant public holidays as holiday in addition to the holiday entitlement stated in a worker's contract

The employee (and their adviser) should consider the following issues: Preparatory steps • Obtain: ◦ a copy of the employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ a copy of the P45 or latest payslip ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options etc held by the employee. Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below ◦ copies of relevant open and without prejudice correspondence between the employer and the employee • Consider the nature of the advice being given, and ensure that this is reflected in the client care letter/terms of business, ie: ◦ is the advice being given confined to advice on the terms and effect of the settlement agreement (as required to meet the relevant condition regulating settlement agreements)? ◦ is the employee also

This would be a gift with reservation (RoB). A disposal of property is caught by the RoB rules where it is made by way of gift and either: • the possession and enjoyment of the property is not bona fide assumed by the donee at or before the beginning of the period of seven years ending on the donor’s death (or from the date of the gift to death if the gift is made within seven years of death) (the relevant period), or • at any time in the relevant period the property is not enjoyed to the entire exclusion, or virtually the entire exclusion, of the donor and of any benefit to them by contract or otherwise By the RoB rules, for IHT purposes

It is assumed that the default statutory scheme set out in the Maternity and Parental Leave etc Regulations 1999 (MAPLE Regs 1999), SI 1999/3312, Sch 2 applies. For information on parental leave generally, see Practice Note: Parental leave. The default statutory scheme set out in MAPLE Regs 1999, SI 1999/3312, Sch 2 applies where there is no contractual right to parental leave and where there is no collective or workforce agreement which is incorporated into the employee’s contract . This response assumes that the default statutory scheme applies. The employee must give the employer notice of the precise start and finish dates of the parental leave at least 21 days before they wish to take it. The employer cannot refuse

For information on the National Minimum Wage (NMW), including conditions for eligibility and how the minimum hourly rate is calculated, see generally, Practice Note: National minimum wage. Most ‘workers’ who work in the UK are entitled to be paid the minimum wage. A person qualifies for the national minimum wage if they: • are a worker • who works, or ordinarily works, in the UK under their contract, and • have ceased to be of compulsory school age When it comes to determining whether or not a worker is being paid the minimum wage, the calculation essentially involves working out an hourly rate of pay by dividing payments received by hours worked in a pay reference period. The first part of that calculation, therefore, necessitates

This question raises a variety of possible outcomes, much depending upon the nature of the dispute which the court is being asked to consider. The court always has power to grant a declaration as to the meaning of a contractual provision. Quite often such a claim will come before it by way of Part 8 claim. The factual dispute between the parties will likely be limited, this can be seen under CPR 8.1(2). It will be common ground that there is a contract. Its terms will be common ground. The dispute will be as to the meaning of those terms. The court can correct minor errors by way of construction. For this to happen, first there must be a clear mistake on the face of the instrument,

Under the Agency Workers Regulations 2010 (AWR 2010), SI 2010/93, reg 3, an individual is treated as having been supplied by a temporary work agency to work temporarily for and under the supervision and direction of a hirer, and as having a contract with the agency, if: • the agency initiates or is involved as an intermediary in the making of the arrangements that lead to the individual being supplied to work temporarily for the hirer, and • the individual is supplied by an intermediary (or one of a number of intermediaries) to work temporarily for the hirer The fact that a worker works through an umbrella company or a company in which the worker is the controlling shareholder and director will therefore not, in itself, take the worker outside

The Supreme Court in Hartley considered the question of the correct deduction from an employee’s pay in respect of strike days that were not worked. It described two distinct legal routes by which an employer may claim the right to withhold a day's pay from striking workers: • the employer may be entitled to damages for the employee's breach of the contract of employment in refusing to work and may be entitled to withhold a sum equivalent to his entitlement to damages by way of equitable set-off: Sim v Rotherham MBC • the employer may rely upon the principle that the employee is not entitled to be paid if he is not ready and willing to perform the work which he was employed to do: Miles Where, as in Hartley, the employer relies on the second route: • although the withholding of pay is often colloquially described as a