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
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
Breaking-news: more overtime payments included in holiday pay
In the case of Bear Scotland v Fulton 2014, published today, the EAT has held that payments for normal non-guaranteed overtime is part of normal remuneration and must be included in the calculation of pay for holiday leave taken under… Read on