Timing of redundancy during maternity leave

In the case of Sefton Borough Council v Wainwright 2014, the EAT held that: An employee on maternity leave was entitled to be offered a suitable alternative post as soon as the employer created the new post in the restructure… Read on

Holiday pay: new case

Could a commission-only worker claim that not paying him for annual leave effectively prevented him from taking it, and that he should be compensated? Potentially yes, said the EAT in the recent case of the Sash Window Workshop Limited v.… Read on

Was compulsory retirement at 70 legal?

Yes, said the employment tribunal in White v Ministry of Justice. Background Mr White was a retired circuit judge. He claimed that the Ministry of Justice’s statutory requirement to retire at age 70 was age discrimination. He argued that, at… Read on

Shared parental leave now in force

The intricate regulations dealing with shared parental leave and shared parental pay came into force on 1 December 2014. The regulations let both parents share parental leave during the first year after the child’s birth or adoption, with an entitlement… Read on

Holiday pay/overtime important update

We report on the latest development in the claims for underpaid holiday, and the decision that non-guaranteed overtime should be included in the cases going under the banner Bear Scotland v. Fulton. The Bear case was one of a group… Read on

Round-up of Employment Law Changes in October 2014

National Minimum Wage The new rates of National Minimum Wage for the year 1 October 2014 – 30 September are published: Read the current rates of NMW here Equal pay audits Employment Tribunals must order an equal pay audit upon… Read on

Emergency time off and contacting your employer

In the case of Ellis v Ratcliff Palfinger Ltd, the Employment Appeal Tribunal decided that it was fair to dismiss an employee who had taken emergency time off but who had not properly notified his employer as soon as he… Read on

Richard Branson’s unlimited holiday – publicity stunt?

Believing that all workplaces should “throw away the book” on annual leave policies, Richard Branson has announced, via his blog, that all of his employees at Virgin will now be entitled to unlimited holiday. Following in the footsteps of Netflix,… Read on

Should ‘on-call’ workers get paid?

Do workers ‘on-call’, but not working, need to actually be at the workplace for the purposes of calculating working time, and therefore entitlement to pay, rest, holiday etc.? No, according to the Employment Appeal Tribunal in the case of Truslove… Read on