In this issue, we look at some of the key employment law developments that have taken place over the past month. In particular, we examine a recent EAT judgment on holiday pay for previously unpaid holidays and an ECJ decision on when standby time counts as working time. We also take a look at the incoming obligations on pension trustees in relation to relevant climate information about their investments and the protections employees have in relation to health and safety in the workplace.
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A worker (engaged as a contractor) brought a claim for holiday pay in respect of his previously unpaid holidays. The EAT held that workers who have taken leave cannot carry forward the right to holiday pay or paid leave. Their situation is different from that of workers who are deterred from taking leave because they have been told it will be unpaid.
In two recent cases (DJ v. Radiotelevizija Slovenija and RJ v. Stadt Offenbach am Main), the European Court of Justice (ECJ) has set out the factors to be taken into account when deciding if standby time should be counted as working time under the Working Time Directive (WTD).
With the climate crisis growing, pension schemes in the UK will be subject to additional obligations. These include fairly onerous disclosure requirements, which will necessitate a cultural shift around how climate investments are viewed. Described as "world-leading", the regulations aim to utilise the substantial investment power of the schemes to fund the green revolution.
The global pandemic has had a massive impact on the workplace, from the risk of transmission of the virus, to occupational health issues arising from employers taking measures that spread. Against this backdrop, "World Day for Safety and Health at Work" has a particular significance this year. We take this opportunity to highlight updates to employment law relating to health and safety and practical implications for employers.
In addition to this month's news, please do look at publications we have contributed to.
Editor's top pick of the news this month.