Author Archives: Darren Newman

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About Darren Newman

Employment law consultant, trainer, writer and anorak

Docking wages for toilet breaks: the real scandal

In the folk song ‘Drill ye Tarriers Drill’ Big Jim Goff is blown into the air by a workplace explosion and when he queries why his next wage packet is a dollar short he is told ‘you were docked for … Continue reading →

Posted in Wages | Tagged , , , , , | 18 Comments

New figures on Acas early conciliation

As we all try to assess the continuing impact of the Employment Tribunal fee regime – see the Hard Labour Blog for some excellent analysis of that – Acas have published the latest figures on their early conciliation scheme. Acas … Continue reading →

Posted in Early conciliation | 4 Comments

The Great Northern Ireland Bake-off

The Equality Commission of Northern Ireland is threatening to take action against a bakery that refused to bake a Sesame Street themed cake with a pro-gay marriage slogan. This has the potential to turn into one of those conscience v equality … Continue reading →

Posted in Fair Employment, Religion in the workplace, Sexual Orientation | Tagged , , , , | 7 Comments

Why holiday pay has to include overtime

What has struck me most about some of the commentary on the EAT decision in Bear Scotland Ltd v Fulton (and other cases) on overtime and holiday pay has been the way in which it is assumed that the exclusion … Continue reading →

Posted in EU law, Working Time and Annual leave | Tagged , , , , , , , , | 11 Comments

ACAS early conciliation – first results

Acas has published its first figures on the operation of the early conciliation scheme that came into effect in April this year. The figures they have released cover the period of 6th April 2014 – 30 June 2014 and show … Continue reading →

Posted in Early conciliation | Tagged , | 5 Comments

Why did Haringey pay Sharon Shoesmith so much?

It is being widely reported that the accounts published by Haringey Council reveal the amount that was paid to Sharon Shoesmith to settle her legal challenge to the decision to sack her back in December 2008 (note to the press: it was not an … Continue reading →

Posted in Compensation and Remedies | Tagged , , , | 2 Comments

Is obesity a disability?

It probably is – sometimes. It depends, really. In America it is well established that being obese counts as a disability (actually my only source for this is an episode of the Simpsons, but Matt Groening wouldn’t lie would he?). Here … Continue reading →

Posted in Disability Discrimination | Tagged | Leave a comment

Exclusivity in zero-hours contracts

There is a general political consensus that something must be done about zero hours contracts. So with some fanfare, the Small Business, Enterprise and Employment Bill published today contains a provision which ‘bans’ the use of exclusivity clauses. In other words an … Continue reading →

Posted in Zero Hours COntracts | Tagged , , , | 4 Comments

Early conciliation: what will success look like?

I should say at the outset that I am a big fan of Acas in general and its conciliation service in particular. In the hundreds of cases that I have been involved in – representing both employers and employees – … Continue reading →

Posted in Early conciliation, Employment Tribunals, Enterprise and Regulatory Reform Bill | Tagged , , | 2 Comments

Advising on Zero-Hour Contracts: RBS Mentor and the Independent

I’ve written before about zero-hours contracts and how difficult it might be to solve some of the problems associated with them. Whatever view you take of that debate, however, the fact remains that as the law stands they are perfectly … Continue reading →

Posted in Zero Hours COntracts | Tagged , , | 1 Comment