This week we consider a new EAT decision that emphasises the difficulties of making assumptions about tribunal time limits, particularly the date from when time starts to run....more
Welcome to the seventh edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative....more
Our October update includes a significant Supreme Court decision on how to treat historic underpayments of holiday pay, a preliminary tribunal hearing on whether a belief in race equality that opposed critical race theory was...more
Our August update includes new case law on the calculation of holiday pay for part-time workers, a tricky case on whistleblowing, two cases on the balance between gender critical views and trans discrimination, a news roundup...more
Our March update considers key employment law developments from February 2022. It includes an important case on holiday pay for gig economy workers, EAT guidance on employment status and a case considering the ability of a...more
Key Takeaways for Employers - The UK’s Court of Appeal has issued a significant holiday pay decision, Smith v Pimlico Plumbers [2022] EWCA Civ 70, ruling that workers who were misclassified as independent contractors can...more
In Smith v Pimlico Plumbers Ltd the Court of Appeal for England and Wales allowed a worker to carry forward statutory holiday he had accrued during the course of his employment, which he had taken but not been paid for, until...more
Cashiered – supermarket staff succeed in Supreme Court - To bring an equal pay claim, an employee has to point to a comparator of the opposite sex doing like work, work rated as equivalent or work of equal value. If the...more
Holiday Pay for Part-Year Workers - In Harpur Trust v Brazel [2019] EWCA Civ 1402, the Court of Appeal considered how the holiday pay of a part-year worker should be calculated. Ms Brazel was employed as a visiting...more
The Employment Appeal Tribunal (EAT) provided useful clarity on when an act by an employee is done “in the course of employment” making the employer liable. The claimant had seen a colleague’s social media post featuring a...more
Noteworthy – no holiday pro-rating for "part year" music teacher - In The Harpur Trust v Brazel the Court of Appeal confirmed that a music teacher was entitled to be paid for 5.6 weeks' annual holiday, even though she only...more
Our July update considers recent developments in employment law, including cases on shared parental pay, holiday pay calculations and whistleblowing disclosures. We also outline other points of note, including proposed...more
Enhanced Shared Parental Pay Lower than Enhanced Maternity Pay Not Discriminatory - Precedential Decision by Judiciary or Regulatory Agency - On May 24, 2019, the UK Court of Appeal held that it is not discriminatory...more
No handbrake turns – holiday pay included voluntary overtime pay - The Court of Appeal confirmed the EAT decision in East of England Ambulance Service NHS Trust v Flowers that holiday pay has to include voluntary overtime...more
If Accrued Holidays Are Not Used, Will They Be Lost? In the cases of Kreuziger v Berlin (C-619/16) EU:C:2018:872 and Max-Planck-Gesellschaft zur Forderung der Wissenschaften eV v Shimizu (C-684/16) EU:C:2018:874, the...more
Weekly newsletter on employment matters. In this weeks issue: - Small steps – government response to the Taylor Review. - That hurts. Working time detriment could lead to injury to feelings award. - It's not...more
In this weeks issue: - You broke it, you fix it – unpaid holiday could be carried forward indefinitely - Go with the flow – burden of proof shifts in discrimination claims - Going up – increased minimum wage and...more
Uber drivers in the UK are “workers” entitled to earn at least the national minimum wage and enjoy other statutory benefits and protections an Employment Appeals Tribunal (“EAT”) held on November 9, upholding the decision of...more
While misclassification battles over the status of gig economy workers rage here in the United States, we are by no means the only country grappling with these thorny 21st-century legal issues. On Novemeber 10th, in fact, an...more
ACAS Early Conciliation: Form Filling — Get the Name Right - Giny v SNA Transport Ltd. - Background - In Giny v SNA Transport Ltd., Mr Giny named Mr Ahmed, a director of SNA Transport Ltd. (SNA), as the prospective...more
The summer months have seen two binding decisions from the Employment Appeal Tribunal (EAT) in the continuing litigation around holiday pay. In Dudley Metropolitan Borough Council v Willetts & Others [2017]...more
The Supreme Court’s recent decision quashing the Employment Tribunal fee regime is not the only recent employment law news of which UK employers need to be aware. This OnPoint summarises some other recent developments....more
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
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
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