Hi everyone, Collette here and welcome back to our case of the week. This week, we are looking at an equal pay case of Barnard v Hampshire and Isle of Wight Fire and Rescue Authority. Last week, we had the case of South Gloucestershire Council v Ms Pavandeep Hundal involving a claimant with endometriosis alleging [...]
Happy Friday everyone and thank you for joining us for another case law update. For those of you that missed our last case of the week about an upcoming change to flexible working requests, you can find that here. This week we're looking at a case straight from the Supreme Court which considers whether an [...]
Hello and thank you for joining us for our monthly newsletter. As we move into the spooky month of October we have a short roundup of some news stories and how they relate to Employment in a wider context. For any of you that missed our last newsletter you can find that here. This week [...]
Sheffield City Council faces potentially thousands of equal pay claims as female cleaners, carers, and teaching assistants state they are down up to £11,000 per year compared to their male counterparts. The claims state that job titles are grouped together into 'job families', which are then given a rate of pay. As an example, the [...]
As many of you will have read. The judgment in Brazel v Harpur Trust has caused lots of issues for employers who engage casual or zero hours staff. For the uninitiated the judgment means that any holiday pay calculation should substitute non-working weeks with weeks with pay from the previous year when calculating holiday pay. [...]
Friday has rolled round which means we have another case of the week for you to read. Last time out we looked at redundancy procedures and tribunal award uplifts. This week we are looking at calculation of holiday pay for casual or zero hours workers. This is actually a case we covered in 2019 that [...]
Introduction Hello and welcome to our case of the week. This week, we look at the importance of maintaining proper procedures in the dismissal process (even in exceptional times such as last year). Facts Ms A Khatun (the Claimant) was employed as a solicitor by Winn Solicitors Ltd (the Respondent). The Respondent are a Newcastle [...]
Hello and welcome to our monthly newsletter. It’s been an interesting month in employment law, with two decisions from the Supreme Court. The first found that Uber drivers are workers and are therefore entitled to holiday pay and the national minimum wage. The second (covered below) concerns the national minimum wage in the context of [...]
Supreme Court Clarify National Minimum Wage Point The first case this month looks at the National Minimum Wage (NMW). Specifically, it considers whether night-shift workers who are allowed to sleep on shift are entitled to the NMW. Facts The Supreme Court heard two separate cases together, as they concerned the same point of law. Both [...]
Where shielding employees can work from home, they should. Where they can’t, government advice is that they should not attend work. Employees who are shielding can be furloughed to mitigate the financial impact on them of having to shield (subject to meeting the qualifying rules of the furlough scheme). Under the furlough rules, employers are [...]
The government has issued guidance to employers on employees’ holiday rights - https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19#taking-holiday. In summary: The guidance only applies to the statutory 5.6 weeks of holiday – rights in relation to holiday beyond this amount are a contractual matter between employers and employees. Employees do accrue holiday whilst on furlough. Employers can require employees to [...]
There is no question this week but this case serves as a classic example of way an ostrich approach to Tribunal defences is not a good strategy. Ms Grunwell, the Claimant, bought claims for unpaid holiday and maternity discrimination against Chelmsford Unisex Hair Salon, the Respondent. Her claim alleged she was dismissed by the Respondent [...]
The Act introduces a wide range of measures. Tucked away in section 8 and schedule 7 of the Act (http://www.legislation.gov.uk/ukpga/2020/7/pdfs/ukpga_20200007_en.pdf - see page 96), is a new right for workers (note workers – not only employees) to take Emergency Volunteering Leave. The provisions only apply to employers with a headcount of 10 or more. The [...]
Highlights: Self-isolaters from Coronavirus will be eligible for sick pay. No need to be sick just self-isolating. http://www.legislation.gov.uk/uksi/2020/287/pdfs/uksi_20200287_en.pdf?mc_cid=03442dec30&mc_eid=f0c14693a9 We await amended regulations for SSP to be reclaimable for SMEs and to be payable from day one.
