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 Harpur Trust v Brazel: How should holiday pay be calculated for casual workers who only work part of the year or term-time?
Good morning and welcome back to your weekly case law update. Last week we had two cases for you, the first concerned trade union negotiated collective agreements and the second looked at contractual illegality and the right to work in the UK. This week we revert back to the mean and only have […]
Egbayelo v Ocado Central Services Ltd: Can an employee reject changes to the contract of employment that are negotiated by collective agreement?
Case of the Week Another Friday is upon us which means it is time for another dose of case law. Last week’s update concerned sex discrimination and legal costs. This week we have two cases for you, there is no special reason for this bumper edition other than there is a dearth of HR […]
After two bleak posts on bullying and equal pay, it is time for some cheerier news. Annual leave is something that has been a big topic over the past five years. However, coverage of the issue tends to focus on average pay following a series of holiday pay cases – including a recent one regarding […]
Our final case concerns holiday pay and is another Court of Appeal case we have covered at EAT level. Holiday pay has been an ever-expanding issue since the British Gas and Bear Scotland cases nearly five years ago. In this case the question before the ET was: Should voluntary overtime be factored into average holiday […]
Our next case is about holiday pay. Holiday pay is governed by Regulation 16 of the Working Time Regulations 1998 which states workers are entitled to be paid a week’s pay for each week of leave. This was perceived to mean basic pay. However, the interpretation of Sections 221-224 of the Employment Rights Act, which […]
It’s Friday and the first day of December, to see you through to the weekend and tomorrow’s advent chocolate we have our monthly newsletter. Nothing says festive cheer like an employment law round-up of everything that happened in November! Last month’s update had features on ET fees, bereavement leave, and modern slavery. Last week’s case […]
The EAT has decided that the Insolvency Fund should base its holiday pay calculations to include contractual commission. This decision has been backdated and is relevant to any person who has applied for monies from the insolvency fund. The Fund will be contacting people who have applied since August 2011, but anyone who applied before […]
Dudley Metropolitan Borough Council v Willetts and others Good morning and welcome back to your weekly case law update. Last week’s newsletter had features on the abolition of Tribunal Fees, the Taylor Review and the BBC Gender Paygap Data – a landmark month for employment law. This week’s case, Dudley Metropolitan Borough Council v Willetts […]
A recent study by Middlesex University has found that 1 in 20 workers are not being paid holiday pay amounting to an estimated £1.5bn being owed. A further £1.2bn is also owed in unpaid wages. Most of these employers are based in the gig economy, which is seemingly a never-ending vortex of bad publicity. The holiday […]
If you haven’t been in a supermarket since Christmas and not seen the inordinate amount of chocolate on the shelves, you might not know that Easter is incredibly early this year, with Bank Holidays falling on 25th and 28th March. Last year the Easter Bank Holidays fell on 3rd and 6th April. Next year Easter […]
Following our January forecast the judgement in Lock v British Gas has been released. Anyone not already doing so should calculate normal pay to include commission. There is nothing new in the decision but it does make the previous ones more binding. The principles on holiday pay are now clear: 1. Taking holiday must not financially […]
When the Bear Scotland verdict was published last year many employers were wary employees could bring backdated holiday pay claims back to 1998 when the Working Time Regulations were introduced. As of 1st July if you are yet to receive a claim you are now safer from historical claims. However employers are still liable for […]