Holiday Pay

News & Analysis as of

Worker status – Pimlico Plumbers case

Pimlico Plumbers engaged Mr Smith as a plumber for around five and a half years. Four months after he suffered a heart attack, Pimlico brought the engagement to an end. Mr Smith issued proceedings in the employment tribunal...more

The Top Ten Things You Should Know About UK Employment Law

What 2016 lacked in employment law changes, it made up with political surprises (Brexit) and sweeping data protection changes (the GDPR). Due to these dynamic changes and in anticipation of what lies ahead, our UK employment...more

CitySprint courier delivered employee status by employment tribunal

In another case focusing on the gig economy, the London Central Employment Tribunal has ruled that a CitySprint bike courier was a worker under the Employment Rights Act 1996. In Dewhurst v CitySprint UK Ltd, the...more

Holiday Blues for Massachusetts and Rhode Island Employers

Seyfarth Synopsis: When Christmas and New Year’s Day fall on a Sunday, as they do this year, the holidays are legally observed on the following Monday in Massachusetts and Rhode Island. Employers in these states therefore...more

Spreading Good Cheer: What Employers Should Know About Holiday Pay For Nonexempt Employees

December ushers in the hustle and bustle of the holiday season. From office parties to school holiday pageants to gatherings with family and friends, employers and employees have many holiday activities on their minds....more

May your Days be Merry and Blue Laws Compliant

‘Tis the season to eat turkey, drink pumpkin-flavored lattes, and, of course, shop. With Black Friday and the holiday season just around the corner, it is important for retailers to remember that Massachusetts has specific...more

Employment Matters – UK - October 2016

Results - Based Commission Should Be Included in Statutory Holiday Pay - The Court of Appeal has upheld the Employment Appeal Tribunal’s decision in Lock v British Gas. Under the Working Time Regulations, workers have...more

Stuck in Cape Town Again

By creatively patching together scheduled days off, vacation days, and personal holidays, and then switching a shift, the plaintiff put together 21 days off. Unfortunately, he was still scheduled for one shift right in the...more

Court of Appeal Decision in Lock: Holiday Pay Should Include Commission

The Court of Appeal has given its much anticipated decision in British Gas Trading Ltd v Lock A2/2016/1163. Confirming the earlier decision of the Employment Appeal Tribunal, the Court of Appeal has held that U.K. law should...more

Holiday pay update

In February this year, we reported to you via our Hub, that in Lock v. British Gas the EAT had held that holiday pay must include commission payments. The EAT applied the European Court of Justice's (ECJ) ruling on this issue...more

UK Employment Law Round-up, Volume 1, Issue 10 – October 2016

In this issue we look at recent case law decisions which have provided a useful reminder of the position when dealing with contracts tainted by illegality and taking prior disciplinary warnings into account. We also bring you...more

Be Aware Belgium - September 2016

Under the principle of proportionality, can a serious cause be dismissed considering that the sanction resulting from the serious cause is unreasonable? In a judgment dated 6 June 2016 (S.15.0067. F/1, available through...more

Holiday pay includes commission (unsurprisingly)

The eagerly-awaited Court of Appeal decision in British Gas v Lock has now been handed down. The hope for this decision was twofold: that it would clarify whether or not holiday pay should take into account commission...more

UK Employment Law Round Up - September 2016, Volume 1, Issue 9

In this issue, we look at whether a job applicant can gain protection under the Framework and Equal Treatment Directives if the purpose of the application is to gain the status of someone who can make a claim to gain...more

Resource for Companies Evaluating Compliance with New Overtime Laws

Many companies are in the process of completing internal audits to prepare for the new salary and overtime rules that go into effect on December 1, 2016. While the changes do not impact the duties-portion of FLSA exemptions,...more

Brexit Update: UK Employment Law Implications

In Depth - What laws will change now? - None. The United Kingdom will continue to be an EU Member State until procedures are completed for exiting the European Union. This is likely to be a long process that...more

Brexit: What Does it Mean for Employers in the U.K.?

We set out below our best guess on where this leaves employees, management and HR in the UK. Firstly as we have all heard repeatedly today, nothing is going to change immediately and that is the same for employment law. ...more

Quirky Question #282: A Briefing on the Brexit

Question: How will the UK’s “Brexit” vote on withdrawing from the EU affect the way we employ people in our UK subsidiary? Answer: A vote to “Leave” is unlikely to bring significant change to UK employment law in the...more

2016 Employment Bills Moving Through The CA Legislative Process

Seyfarth Synopsis: Pending new bills that have now passed their house of origin would (i) expand DLSE enforcement authority, (ii) impose advance scheduling requirements on restaurant, grocery, and retail employers, (iii)...more

Update on Holiday Pay: Commission and Overtime

In the continuing litigation on holiday pay, the Employment Appeal Tribunal (EAT) in British Gas Trading Ltd v Lock UKEAT/0189/15 has confirmed that U.K. law should be interpreted in line with EU law which requires commission...more

UK Holiday Pay Should Now Include Voluntary Overtime

Workers who regularly undertake voluntary overtime beyond their contracted hours may be eligible for more holiday pay. A recent ruling means that businesses should be reviewing their current holiday pay practices and...more

A Month in UK Employment Law - April 2016

News & Legislation Update - Gender Pay Gap Reporting Draft Regulations published - The first draft of regulations requiring any employer in the UK with at least 250 employees to publish information about the...more

Potential Implications of Brexit

Britain and the EU have traditionally had a distant relationship, with Britain often choosing to keep an arm’s length from its continental partners. This inclination may soon become a political reality when the UK votes on...more

Labour and Employment Implications of ‘Brexit’

The potential that Britain will exit the European Union (“Brexit”) after an upcoming referendum on June 23 raises issues for employers. The EU is a major source of current UK employment law. The laws relating to...more

Holiday Pay – The Saga Continues

As you may have heard, the UK Employment Appeal Tribunal (EAT) has delivered its hotly-anticipated decision in Lock v British Gas Trading Limited, rejecting British Gas’ appeal… but, in our view, it’s a bit of a damp squib,...more

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