Injury to feelings for no rest breaks?

Was a worker who had been refused unpaid rest breaks entitled to compensation for injury to feelings? The EAT has considered this, and we report on their decision. Background Under the Working Time Regulations 1998, workers are entitled to unpaid… Read on

Lock v. British Gas : latest on holiday commission payments

British Gas’s appeal against the Employment Tribunal’s decision that holiday pay should include compensation for lost commission has now been heard by the European Court of Justice. Here is how the English Courts responded. Background Whether or not commission should… Read on

Mobile workers – first and last journeys to work

The ECJ has recently held that travelling time at the beginning and the end of the day to and from customers’ premises should count as working time. Background This case concerns a Spanish security company which employs around 75 mobile… Read on

Tribunal re-writes UK legislation (again)

The Employment Appeal Tribunal has recently sanctioned the Employment Tribunal’s re-writing of Equality Act 2010, where it deals with victimisation. We explain how. Background Victimisation, under the Equality Act 2010, occurs, in the main, where person A subjects person B… Read on

Working time can include travel to and from home

The Advocate General in the European Court has just held that drivers in Spain can count their journeys to and from home at the beginning and the end of the day as working time for the purposes of the Working… Read on

Holiday pay – Tribunal re-writes WTR

Lock v British Gas has returned to the Tribunal on the issue of commission pay whilst on holiday. We have previously reported on the similar case of Bear Scotland, relating to overtime pay whilst on holiday (see also our guide… Read on

39% of over 50s prefer flexible working before retirement

Following the UK’s silver workforce gaining the right to request flexible working last summer (recap here), a Government poll just published shows that 39% of over 50s not currently retired said that working part time or flexible hours before stopping… Read on

Government limits backdated holiday pay claims

On 8 January 2015, The Deduction from Wages (Limitation) Regulations 2014 will come into force. These regulations establish, from 1 July 2015, a two-year limitation on how far back in time workers’ employment tribunal claims can go to recover the… Read on

Obesity can constitute a disability

Mr Kaltoft is 1.72 metres tall and weighs over 100kg. This gives him a BMI of 54, which is classified as severe or extreme morbid obesity. We have recently reported about obesity and disability law. In the recent case of… Read on