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 […]

By |2019-08-13T14:45:03+00:00August 13th, 2019|Calculating Holiday Pay, Holiday Pay|0 Comments

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 […]

Current Affairs – United States Women’s Soccer Team and Equal Pay

How is it already the end of July? It cannot have been a whole month since our last employment law update can it? If you missed it, we had features on sexual harassment, Employment Tribunal statistics and dietary whistleblowing. Well, rather than worrying that summer is rapidly running away from us (one rainy day at […]

By |2019-12-15T13:44:39+00:00July 26th, 2019|Equal Pay|0 Comments

Holiday Pay – Employer Offers Life Leave to Employees

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 […]

By |2019-12-15T13:45:29+00:00July 26th, 2019|Holiday Pay|0 Comments

Ethnicity Pay Gap – Bangladeshi Staff Lowest Paid

Pay gap reporting has long been mooted to extend beyond gender pay gap reporting and into other areas including race pay gaps and pay ratios. This month the Office of National Statistics (ONS) published data that suggested employees of Bangladeshi heritage or origin received 20% less pay per hour in comparison to the average pay […]

By |2019-12-22T20:09:13+00:00July 26th, 2019|Equal Pay|0 Comments

Equal Pay – Sainsbury’s Saga Still Standing

A look back through our equal pay features shows a pattern that the majority of claims recently have been from supermarket staff following the Asda v Brierly case regarding predominantly female store roles being equal to predominantly male warehouse roles. Like nearly all the other big-5 supermarkets, Sainsburys has faced a multi-claimant claim from thousands [...]

By |2019-12-26T10:23:26+00:00June 28th, 2019|Case of the Week - Blog, Equal Pay|0 Comments

Flowers v East of England Ambulance Service NHS Trust

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 […]

By |2019-12-22T21:14:11+00:00June 14th, 2019|Case of the Week - Blog, Holiday Pay|0 Comments

April Employment Update – National Minimum Wage Rates

Hello and welcome to our March Employment Law Update, a round up of all things employment law this month. Those familiar with employment law and HR will be well aware April is the annual roll out of many changes in employment law. The first of these such changes is the annual amendment of the minimum wage […]

By |2019-12-23T17:57:13+00:00March 29th, 2019|National Minimum Wage|0 Comments

April Employment Law – Gender Pay Gap Reports Due

The 4th April 2019 sees the second set of gender pay gap reports published. The reports will be based on the snapshot date of 5th April 2018 and must be uploaded on the employer’s website and the government portal. A worked example of the calculation can be found in the resources section of our website. […]

By |2019-12-23T18:00:10+00:00March 29th, 2019|Equal Pay|0 Comments

Equal Pay – Asda and Sainsbury’s in the Court of Appeal

Those of you who are regular readers may remember that the majority of the big supermarkets are facing equal pay claims. The general argument running through them all is that the predominantly male warehouse roles are paid more than the predominantly female store staff. This despite both roles having a stock management element. The cases […]

By |2019-12-23T18:44:04+00:00January 31st, 2019|Case of the Week - Blog, Equal Pay|0 Comments

Equal Pay – Morrisons Latest Supermarket to be Issued with Claim

What do Morrisons, Asda, Tesco and Sainsbury’s have in common? The obvious answer is they are all supermarkets, the employment law answer is they are all facing multi-equal pay claims. In a game of equal pay claim bingo the caller has announced Florist & Nun, Morrisons, you have completed your Big 4 Supermarket Equal Pay […]

By |2019-12-24T17:25:09+00:00September 28th, 2018|Equal Pay|0 Comments

Pay Gap Reporting – Pay Ratios Introduced

Another one of our predictions for 2018 was the prospect of pay reporting being expanded from gender to include race and pay ratios. On 19th July 2018, the Companies (Miscellaneous Reporting) Regulations 2018 were published following Parliamentary approval. This measure has been touted for some time as a means to get employers to address growing […]

By |2019-12-23T20:03:41+00:00July 27th, 2018|Equal Pay, PJH & Industry News|0 Comments

Royal Mencap Society v Tomlinson-Blake

It’s Friday which means we have another case law update to ease you into the weekend. Last week we looked at unfair dismissal and the right to work in the UK. This week we have two cases for you, one on sleep-in shifts and the National Minimum Wage and another on voluntary overtime and holiday […]

Flowers & Ors v East of England Ambulance Trust

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 […]

By |2019-12-23T20:06:45+00:00July 20th, 2018|Holiday Pay|0 Comments