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First COVID – 19 Case Reaches Court of Appeal

Just prior to Christmas, the first COVID-19 related case reached the Court of Appeal. The court heard that an employee who failed to attend work during COVID-19 because they believed that they would be faced with serious and imminent danger had not been unlawfully dismissed. The Tribunal Case Rogers v Leeds Laser Cutting is the […]

Voluntary overtime and holiday pay calculations

Holiday Pay Calculations | HR Solutions

Regular voluntary overtime should be included in holiday pay calculations. In the case ‘East of England Ambulance Service NHS Trust v Flowers EWCA’, the Court of Appeal upheld the decision that for the purposes of calculating holiday pay, under the Working Time Directive (WTD), voluntary overtime pay should have been taken into account. The Working […]

Holiday pay should include commission

Holiday Pay

The Court of Appeal has confirmed its decision that holiday pay must include any results-based commission earned by an employee. The holiday pay ruling relates to the case of Lock v British Gas Trading Ltd, whilst earning a basic salary, also had considerable potential for earning commission on top. When the employee took holiday, he […]

Unison Given Go-Ahead to Appeal Tribunal Fees

Court of Justice in London | HR Solutions

The Supreme Court has allowed Unison to appeal the Court of Appeal’s recent ruling on Employment Tribunal fees. The announcement, made on the 26th February, relates to Unison’s third challenge of the tribunal fees system. The Court of Appeal rejected this challenge last September. Tribunal fees have been controversial since their introduction by the Coalition […]

Tribunal Fees Under Criticism

Tribunal Fees

Legal experts and union leaders have called for a review of the Employment Tribunal process following the release of new Ministry of Justice figures. The number of single Employment Tribunal claims has fallen by 70 percent in the year since July 2013, when fees for raising a Tribunal claim were first introduced. “This is the […]

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