Employment News - December 2017

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You broke it, you fix it – unpaid holiday could be carried forward indefinitely

The CJEU decided in King v The Sash Window Workshop Ltd that where a worker would not have been paid if he took holiday, the normal "use it or lose it" principle did not apply and he could carry forward accrued annual leave indefinitely.

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Go with the flow – burden of proof shifts in discrimination claims          

The Court of Appeal has confirmed that the claimant has to show facts from which discrimination could be inferred before the burden of showing that it did not commit an act of discrimination shifts to the respondent, contrary to a recent EAT decision.

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Going up – increased minimum wage and statutory payments from April 2018

The recent budget contained details of the new national minimum wage rates that will apply from next April. The government has also announced increases to benefits such as statutory maternity pay.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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