Our annual employment law update is back for 2022! This is a seminar format aimed at more experienced personnel with HR responsibilities who want to update themselves on recent changes in the law and future changes anticipated. Delivered by: Sarah King, experienced Employment law solicitor and Judge Join us on: Tuesday 13th September 2022 9.30am […]
Tag: holiday pay
Employment law update 2020 – 5th February 2020
As we bring in a new decade, we take some time to review some key developments in the last decade in employment law. We will look at technological advances and their HR impact. We will review the current position on status and holiday pay. We will provide an insight into the Tribunal system. As well […]
Holiday pay and voluntary overtime
In what is the latest in a number of holiday pay cases, the EAT has held that the NHS must include any overtime pay earned in the reference period in the calculation of holiday pay. This includes both non-guaranteed and voluntary overtime. The case of Flowers and others v East of England Ambulance Trust UKEAT/0235/17 […]
Holiday Pay and commission
By way of an update, the case of British Gas v Lock [2016] has been heard by the Court of Appeal . You may recall my blog previously on the case following the European Ruling but can read this here. The Court of Appeal has upheld the EAT’s decision that EU law requires the Working […]
Deductions from Wages
Following the Bear Scotland case the Government was concerned about a big liability for employers with employees bringing claims going back many years. A Government taskforce was put together and in a very swift act of legislation the Deduction from Wages (Limitation) Regulations 2014 has now been born. The Regulations will limit unlawful deduction from […]
Payment in lieu of holiday
The Tribunal ruled that a worker was entitled to payment in lieu of holiday for previous holiday years as he had not been able to take the leave. Whilst the EAT did allow an appeal against the decision in the case of The Sash Window Workshop Ltd and another v King this was because the […]
Holiday Pay
As has been widely reported in the media, we have had another holiday pay case which may cause employers concern. The EAT has handed down its decision in the Bear Scotland v Fulton & others, which has held that holiday pay needs to be further expanded. Workers are entitled to be paid normal non-guaranteed overtime as […]
Holiday pay and death
A recent ECJ decision has confirmed that if a worker has accrued but untaken statutory annual leave entitlement at the time of their death then the estate is entitled to payment in lieu in respect of untaken holiday. The right does not die with the employee. The ECJ in the case of Bollacke v K […]
Holiday pay
Following my blog at the end of last year, it has been confirmed that holiday pay must include commission. I reported on the case of British Gas v Lock in which the Attorney General had given his opinion that statutory holiday pay under the Working Time Regulations must include commission. This was subject to the […]
Holiday pay
The Advocate General has given his opinion in another holiday pay case on course for the ECJ. In this case the Claimant, Mr Lock, was paid a basic salary and a commission element which varied. Whilst he was on holiday he was paid his basic salary and only the commission that fell due whilst he […]