Holiday pay should include commission

Should the statutory holiday pay include an element for commission, even though this is not allowed under the Employment Rights Act 1996? Yes, according to the European Court of Justice, in the case of Lock-v- British Gas. Background In this… Read on

Shared parental leave factsheet

Here is the essential information you need to know about the new system of shared parental leave. The new rules come into effect on 1 December 2014, and apply to babies born on or after 5 April 2015. Adopters and… Read on

Shared parental leave

In November 2012, the Government announced that it intended to introduce a new system of shared parental leave, overhauling the existing maternity leave and paternity leave provisions. Under the proposals, eligible employees would continue to be entitled to a maximum… Read on

Right to unpaid parental leave extended

From 7th April 2013, employees with at least one years service can apply to take a total of 18 weeks unpaid parental leave up to their child’s fifth birthday. Previously, working parents could take a total of 13 weeks leave… Read on

No need to request holiday for sickness refund

The European Court has already decided that where an employee has booked holiday, but then falls sick, they are entitled to claim back that holiday. Some large employers already permit this, but most don’t. A further recent decision will impact… Read on

Can employers insist staff sign a 48 hour opt-out

An employee can choose to opt out of the maximum 48 hour average working week stipulated by the Working Time Regulations. Each employee also has the right not to be subjected to any detriment for doing so. So, what happens… Read on

When holiday entitlement can’t be carried over

When it comes to holiday entitlement the ‘use it or lose it’ rule has long been understood. Recent cases have challenged this approach and in 2009 a European Court decision held that an employee who was on sick leave during… Read on

What is parental leave?

Parental leave is often used as a loose term to cover a wide range of family-friendly employment rights. However it has a specific legal meaning. A parent, or someone with caring responsibility for a child, can seek a period of… Read on

What is statutory annual leave?

Statutory annual leave is the legal minimum amount of paid leave that almost all employees and workers (including casual and agency staff) are entitled to. This is currently 28 days. In the UK this usually includes the 8 statutory bank… Read on