Holiday Pay

News & Analysis as of

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

Lock v. British Gas 2.0 – employers must include commission in holiday pay

The Employment Appeal Tribunal (EAT) has held that holiday pay must include commission payments. In reaching its decision, the EAT applied the European Court of Justice's (ECJ) ruling on this issue and interpreted domestic UK...more

EAT ruling on results-based commission and holiday pay

The UK Employment Appeal Tribunal (EAT) has handed down its judgement in an appeal by British Gas (BG) in the case against its former employee Joe Lock and the Secretary of State for Business, Innovation & Skills. The EAT...more

Results Based Commissions and Holiday Pay in the UK

The Employment Appeal Tribunal has today issued its judgment in the case of Lock v British Gas in which it has confirmed that, in order to comply with EU law, the UK Working Time Regulations should be interpreted to provide...more

UK Employment Law Briefing: Our Practical Guide To The Employment Law Developments Most Likely To Impact On Your Business

Disciplinary Procedures - There have been a number of recent decisions, all with a practical impact on the conduct of disciplinary procedures. Right to be accompanied - In Stevens –v- University of Birmingham,...more

Holiday Madness: What are the Rules Again?

Earlier this week, on Martin Luther King, Jr. Day, many employees got the day off from work. It is, after all, one of the ten annual federal holidays. California state employees get additional holidays: Lincoln Day (February...more

UK Employment Law Forthcoming Attractions in 2016

January - DATA PROTECTION: NEW EUROPEAN REGULATION - After four years of negotiation and lobbying, the new European General Data Protection Regulation has now been finalised. The Regulation will govern...more

Holiday Pay: Clear Blue Skies Ahead?

Paying employees for their annual leave in the UK used to be viewed as a straightforward process, with many companies calculating holiday pay at the employee’s basic pay rate. However, in 2014, several employment law...more

Legal and regulatory update

Consumer Rights Act - The main provisions of the Consumer Rights Act relating to goods, digital content, services and unfair contract terms and notices came into force on 1 October 2015. ...more

2015 California Labor and Employment Legislation Update: It’s Final!

October 11, 2015, was Governor Brown’s last day to sign bills the California Legislature presented to him following the first year of the 2015-2016 Legislative Session. Below is a summary of what did and did not make Governor...more

Clairty on Holiday Accrual During Sick Leave

We have had lots of news for you this past year on holiday pay and how to calculate it, following various mind bending judgments on the topic. The good news is that finally we have a judgment that gives us some clarity in one...more

Stichtagsregelung oder ratierliche Kürzung – es geht nicht beides.

Das LAG Saarland mit seinem heute veröffentlichten Urteil vom 22. April 2015 – 2 Sa 103/14 – einer Arbeitnehmerin in Elternzeit einen Anspruch auf “freiwillig” gezahltes Weihnachts- und Urlaubsgeld in voller Höhe...more

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