A recent judgment in the European Court of Justice has cast doubts on what might have originally been regarded and treated as “working time” for peripatetic employees. Peripatetic employees are frequently known as “mobile” workers. These are workers who have no fixed base and who travel, usually to and from appointments, in the course of the working day.
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On or around 11pm, a couple hired a taxi to take them home following a night out. During the taxi journey they asked the driver to stop twice, once for a pizza and the second time, for cigarettes. At the time of the second stop, one passenger got out and the other, Mr H, attempted to follow. As he did so, the taxi drove away in full knowledge that Mr H was still in the vehicle and wanted to leave.
It is common practice for managers involved in the discipline of employees to seek advice from their HR colleagues. However, there may be situations where the advice from HR strays from matters of law and procedure into the realms of creditability and culpability of the employee facing discipline. This can impact on the fairness of the dismissal.
In this snapshot we consider a recent case which provides some direction to employers seeking to avoid the consequences of a failure to issue a Payment Notice in the face of the relevant application for payment by a contractor being presented as a Default Payment Notice.
Harper Macleod, successfully represented the parents of an infant child in a claim for reparation following sickness after consumption of a baby milk product. The child’s mother had bought the baby milk as part of an “Aptamil First Milk” starter pack from the supermarket in Edinburgh.