Chambers Blog

The government has announced a change in the National Minimum Wage legislation from October which will prevent waiters' tips counting towards the minimum. The current position is that an employer may pass all tips through its payroll such that the total amount received by the employee goes to satisfy the employee's entitlement to National Minimum Wage.

There are also some reports that the government may extend entitlement to the full rate to 21 year olds. This will be subject to advice from the Low Pay Commission and consultation.

The current rates of the National Minimum Wage are:

• £5.52 per hour for workers aged 22 years and older
• A development rate of £4.60 per hour for workers aged 18-21 inclusive
• £3.40 per hour for all workers under the age of 18, who are no longer of compulsory school age.

These limits are reviewed annually. The new rates from 1^st October 2008 will be:

• £5.73 per hour for workers aged 22 years and older
• A development rate of £4.77 per hour for workers aged 18-21 inclusive
• £3.53 per hour for all workers under the age of 18, who are no longer of compulsory school age.

The application of the National Minimum Wage legislation can be legally complex, especially when combined with the right not to suffer unlawful deductions from wages, and workers' right to holiday pay. New Walk Chambers' employment specialists can help.

Written by Joseph Neville, Barrister at New Walk Chambers specialising in Employment Law.

The European Court of Justice has now handed down its judgment in the employment law case of Coleman v Attridge Law. This is where a non-disabled employee claimed disability discrimination based on being harassed due to her having a disabled son.

The court has confirmed that this ‘associative' discrimination is prohibited by the Equal Treatment directive. This applies for all forms of discrimination.

When a court decides on whether or not the decision can have effect under the UK's Disability Discrimination Act, or when the government amends the Act, this will be of considerable advantage to employees needing flexibility and time off work to care for disabled dependants.

Written by Joseph Neville, Barrister at New Walk Chambers, specialising in Employment Law.

Many companies, and an increasing number of employees, are utilising consultancy or Internet companies to resolve workplace disputes, rather than a firm of solicitors or a barrister. A recent decision by the Employment Appeal Tribunal confirms that legal privilege does not attach to communications between these unqualified representatives and their clients.

What does this mean for you? Let's say an employee or an employer took legal advice from one of these companies prior to raising or dealing with a grievance. If the dispute subsequently went to an employment tribunal, that party could be forced to disclose the legal advice he or she received. This could be very harmful to settlement negotiations, especially if the legal advice was the not-so-uncommon "Your prospects are weak but you should proceed in the hope of settlement!"

Advice from barristers to their clients in employment disputes is always confidential, and can't be produced in evidence at the tribunal. New Walk Chambers has public access barristers who can provide valuable and tactical advice at a reasonable cost. If done at an early stage this can ensure that you don't put a foot wrong later and risk failure in any subsequent tribunal case.

Please contact us with any queries.

Written by Robert Rees, Direct Access Barrister at New Walk Chambers, specialising in Employment Law.

BERR has launched a consultation on extending the classes of people who may advise upon and sign off compromise agreements. The proposal is to add members of the Chartered Institute of Personnel Development - the representative body for HR professionals. The consultation can be found here.

Currently a compromise agreement must usually be signed off by a qualified lawyer. New Walk Chambers has several barristers specialising in employment law who can provide expert advice on compromise agreements, with nationwide coverage. In the event that you are advised to sign the compromise agreement, then your legal costs usually will be paid by your employer. Please see our full page on compromise agreements for details.

Written by Joseph Neville, Barrister at New Walk Chambers, specialising in Employment Law and Compromise agreements.