The CJRS was implemented to aid employers to keep employees employed so that business could return to usual once restrictions are lifted with the minimum possible adverse effect on the economy. Indeed the RS of CJRS stands for Retention Scheme. It is therefore noteworthy that there is a) no provision in the furlough scheme rules [...]
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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 […]
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 […]
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 […]
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 […]
Judgement has been handed down in one of the long running holiday pay cases that dates back to 2014. The Court of Appeal has ruled that commission should be included in holiday pay, affirming the previous decision of the EAT. However, once again the judgement did not indicate any time period over which the holiday […]
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 […]
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 [...]