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12 February 2014 / Ian Smith
Issue: 7594 / Categories: Features , Employment
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Employment law brief: 12 February 2014

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Ian Smith tackles a tricky employment law conundrum

Sometimes in employment law an apparently simple employment question fails to give rise to an equally simple legal answer. One such question has arisen again recently. If an employee is charged with an offence which means they cannot attend work (usually because of a remand in custody, but here for a different reason) does the employer have to continue paying wages? The optimum position here is if the contract contains an express clause permitting (or not permitting) a suspension without pay in the relevant circumstances. However, in the lack of that the position becomes more complex. The common law position is that the consideration for wages is not actual work, but readiness and willingness to work. This means that there may be a continuing entitlement to wages in the case of sickness, injury or other unavoidable impediment. It is this last element that causes the problem here—is being charged with an offence “unavoidable”?

Ekwelem v Excel Passenger Service Ltd

The point arose directly

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NEWS
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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