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Holiday Pay UK Employment Appeal Tribunal

BCLP

Unlawful Deductions Claims and Tricky Time Limits

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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

Dechert LLP

The Employment Edit - Issue 7 - Winter 2023

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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

BCLP

UK HR Two Minute Monthly: October 2023

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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

BCLP

UK HR Two-Minute Monthly: Part-time holiday pay, whistleblowing, gender critical/trans discrimination and news roundup

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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

BCLP

UK HR Two Minute Monthly - March 2022

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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

King & Spalding

Important Court of Appeal Decision on Historic Holiday Pay Claims

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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

Hogan Lovells

Worker entitled to carry taken but unpaid holiday forward to end of employment

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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

Hogan Lovells

Employment News: equal pay, holiday pay, discrimination

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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

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Holiday Pay for Part-Year Workers, Disclosures in the Public Interest and Vegetarianism as a...

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

Littler

Littler Global Guide - United Kingdom - Q3 2019

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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

Hogan Lovells

Employment News: holiday pay, EWCs, EHRC

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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

BCLP

HR Two Minute Monthly: shared parental pay, holiday pay calculations and whistleblowing

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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

Littler

Littler Global Guide - United Kingdom - Q2 2019

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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

Hogan Lovells

Employment News: holiday pay, NDAs, trade unions

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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

Faegre Drinker Biddle & Reath LLP

U.K. Employment Law Update: Accrued Holidays, Disability Benefits and Age Discrimination

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

Hogan Lovells

Employment News - February 2018

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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

Hogan Lovells

Employment News - December 2017

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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

Fisher Phillips

UK: Uber Loses Appeal Over Characterization Of Drivers As "Workers"

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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

Fisher Phillips

Anarchy In The UK: What Does November 10th Milestone Misclassification Ruling Mean For American Gig Economy Companies?

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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

Katten Muchin Rosenman LLP

Employment Matters – UK - August 2017

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

Faegre Drinker Biddle & Reath LLP

Latest Developments in Holiday Pay

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

Dechert LLP

Never a Dull Moment in Employment Law: Whistleblowing and More

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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

Katten Muchin Rosenman LLP

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

Faegre Drinker Biddle & Reath LLP

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

Faegre Drinker Biddle & Reath LLP

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

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