Important Information for Employers with a New Holiday Year Starting Soon
You will remember that back in April, we had significant employment law developments, particularly regarding how to calculate holiday entitlement and pay for irregular hours workers or part-year employees. When the changes came into force, the Government introduced them to allow employers to transition smoothly to the new rules. For those whose holiday year ran […]
Changes to employment rights – holiday, working time records and TUPE
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 have brought about key changes to employment rights which were brought into force on 1 January 2024, however they will not effect most practices until later in the year. These changes have been outlined below along with key information: Holiday pay and calculation Further to […]
Significant Holiday Pay Case Ruling
Yesterday (4 October 2023), The Supreme Court (SC) delivered its judgement in the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others. This is a case that challenges the current legal position that an employee must bring a claim for unpaid holiday pay within three months of […]
Consultation closed: Holiday pay and entitlement
Throughout the past year, we have brought you various updates on calculating holiday pay and entitlement for part-year and irregular hours workers. Following the Supreme Court judgement in Harpur Trust v Brazel, the Department for Business, Energy and Industrial Strategy has concluded a consultation. The aim of which was to seek views from employers, professional […]
Could introducing an unlimited holiday policy work?
Since the pandemic, many employers are adapting the way in which they operate and how they look to retain and attract staff. One area of policy that has been explored by several organisations and which seems to be seriously considered by small to medium sized businesses has been to offer unlimited holiday. Legally under the […]
Calculating Holiday Pay and Entitlement
The working time regulations provide workers a statutory entitlement to paid leave. This article looks specifically at how to calculate leave entitlement and pay when there are no regular hours or patterns of work. This would commonly apply to those working under zero-hours contracts, casual worker agreements, or various forms of part-time hours. Guidance The […]
How do I manage the pay and leave when an employee returns to the UK and has to quarantine?
The UK’s Coronavirus regulations require UK residents and visitors to the UK to quarantine on arriving to the UK by self-isolating for 14 calendar days, unless travelling from certain countries or territories. The regulations also have specific self-isolation rules and penalties relevant to England, Scotland, Wales, and Northern Ireland. So, it is important to remember […]
VE Day and Tips on Bank Holiday Entitlement
In 2020 only, the 75th anniversary of VE Day (Victory in Europe Day) will become a bank holiday instead of the usual early May bank holiday. This will enable as many people as possible to take time to celebrate the end of World War Two and to honour and remember the many heroes and sacrifices […]
The facts about zero-hours contracts
The once traditional Monday to Friday, 9 to 5, is now only the norm for a minority of people. As both employers and workers look for more flexible alternatives, the number of zero-hours contracts has grown rapidly in recent years leading to what has become widely-known as the ‘gig economy’. It’s estimated that 896,000 people […]
Good Work Plan | Taylor Review
The government are pressing ahead with some key changes to several pieces of UK legislation that will come into effect in April 2020 affecting the contractual and working arrangements with staff. As part of the Industrial Strategy, the Prime Minister commissioned the independent Matthew Taylor Review of Modern Working Practices to ensure that the UK […]
Voluntary overtime and holiday pay calculations
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 […]
VE Day Bank Holiday 2020
Next year only, the 75th anniversary of VE Day (Victory in Europe Day), will become a bank holiday instead of the usual early May bank holiday. The decision was made by the UK Government in order to enable as many people as possible to take time to celebrate the end of World War Two and to […]
ECJ Rules on Holiday Pay & Commission Case
The Employment Tribunal in the case of Lock v British Gas ruled that any employee who receives commission should receive varied holiday pay to reflect their normal income. Mr Lock was a salesman for British Gas on a basic salary with variable commission paid in arrears. His commission depended upon sales achieved and could not […]
Employment Law Update: Holiday Pay
A court case concluded this week that could have lasting ramifications on UK employment law, as an Employment Tribunal ruled that overtime, commission and other additional payments may now need to factored into employee holiday pay. It is important to note that exactly how employers will be required to enforce this decision has not yet […]
Staff Entitled to Holiday Commission
British sales staff can now expect to receive their commission whilst taking annual leave, thanks to a ruling from the Court of Justice of the European Union which will change employment law within the UK. Sales workers have previously only been allowed to receive their basic salary from their employers, even if their commission makes […]
Backdated Holiday Pay Claims Facing New Time Limit
Following last month’s landmark Employment Appeal Tribunal (EAT), the Government has announced that backdated holiday pay claims will be time limited from July 2015. In November the EAT ruled that overtime, commission and other additional payments now need to be factored into employee holiday pay, which led to the Government setting up a task force to […]
