When does “stand-by” time count as working time?
Workers are sometimes required to be on stand-by, meaning their employer can contact them or they may be called into work. But when does such “stand-by” time count as working time? That was the question recently considered by the European… Read on
Sickness whilst on holiday – the current position
One of the most confusing areas of employment law in recent years has concerned the impact of sickness absence on employees’ entitlement to statutory holiday and holiday pay. These issues have been examined at judicial levels from Employment Tribunals to… Read on
Important ECJ opinion: holiday pay for independent contractors
On 8 June 2017, The Advocate General gave his Opinion about the case of The Sash Window Workshop v King, which the Court of Appeal has referred to the European Court of Justice (ECJ) to determine certain questions.… Read on
Holiday pay: new decision
The long running litigation in Bear Scotland has reached the Employment Appeal Tribunal again. The Court has confirmed that a gap of 3 months or more in any underpayments of wages will break the “series of deductions” for unlawful deduction… Read on
Can a ‘worker’ have two employers?
Background The claimant in this case (Dr Day) was engaged by both Health Education England and the NHS has recently won a whistle blowing claim against both employers. In order to succeed against HEE, he first needed to deal with… Read on
Santander’s way around zero hours contracts
As recent articles in the press have reported, Santander has introduced new contracts in an effort to circumvent the new rules limiting the use of zero hours contracts. Zero-hour contracts have been much in the news recently. A relatively recent… Read on
Latest case on worker status: Excel Cycle Couriers
We report on the latest case where a major user of so called freelance staff has been caught out. Background Courier companies are currently the focus of attention when it comes to employment/worker status. City Sprint has been decided in… Read on
Guide: how much holiday pay?
How much should you pay your staff when they are on holiday? Should you pay them their basic salary only? Or should you include commission, overtime or bonuses? And how should this be calculated? We explain the ins and outs… Read on
Holiday and commission payments: could be early post-Brexit test case
Lock v. British Gas, the case dealing with commission payments and annual leave has, it appears, reached a conclusion at last. Background The Supreme Court has refused British Gas leave to appeal the case any further, meaning that the case… Read on
Pimlico Plumbers: decision explained here
Hot on the heels of the decision in CitySprint that bicycle couriers were ‘workers’ entitled to holiday pay, and the decision in Uber regarding drivers, the Court of Appeal has affirmed in the case of Pimlico Plumbers Ltd v Mullins… Read on