Synopsis EAT Case
This briefing
note sets out a synopsis of the Employment Appeal Tribunal judgement
of T Singh vs. The Members of the
Management Committee of the Bristol Sikh Temple and Others (February 2012).
The full
judgement has also been forwarded for ease.
The issue was
whether the Priest/Granthi at a Sikh Temple/Gurdwara was a ‘worker’ as defined by the National Minimum Wage Act 1998. Please note that the definition is the same as the Working Time Regulations 1998 and whilst this was not considered as part of this appeal it is likely to have implications for future cases. Those who are defined as workers in line with the National Minimum Wage Act will also be considered workers for the Working Time Regulations 1998….. Briefing Note 11.08.12
SUMMARY
WORKING TIME REGULATIONS – Worker
NATIONAL MINIMUM WAGE ACT – Worker
The issue was whether the Priest at a Sikh Temple was a “worker” within section 54(3)(b) of
the National Minimum Wage Act 1998. The appeal against the decision that he was not was
allowed. It was held that the Tribunal erred in relation to the questions of “mutuality” and “personal performance of services”, and, in the light of Moore v President of the Methodist
Conference
[2011] ICR 819, affirmed sub nom President of the Methodist Conference v
Preston (formerly Moore)
[2011] EWCA Civ 1581, in its approach to the question of an intention, in the context of this Temple, to create legal relations…..T Singh EAT
Guidance on the wearing of Sikh articles of faith in the workplace and public spaces Document attached… sikh_articles_of_faith_guidance_final
Construction (Head Protection) Regulations 1989. This booklet gives guidance to all those involved in the construction industry on their legal obligations under the Construction (Head Protection) Regulations 1989 (CHP). It also sets out what the Regulations themselves say. These Regulations are concerned with the
provision and wearing of head protection during construction work. They came
into force on 30 March 1990, and have since been modified by the Personal
Protective Equipment at Work Regulations 1992. Construction(HeadProtection)Regulations1989
The Personal Protective Equipment at Work Regulations came into force on 1 January 1993. They have subsequently been amended by the Police (Health and Safety)
Regulations 1999 (SI 1999/860), the Health and Safety (Miscellaneous
Amendments) Regulations 2002 (SI 2002/2174) and the Ionising Radiations
Regulations 1999 (SI 1999/3232). This revised publication sets out changes to
regulations 3, 4, 6 and 9 and provides new guidance on these changes. It also
reflects the latest developments in most personal protective equipment (PPE).
Part 1 sets out the Regulations, followed by guidance on each regulation. Part
2 includes more details on the types of PPE available, hazards that may require
PPE to be used and advice on selection, use and maintenance.. personalProtectiveEquipmentAtWorkRegulations1992