View EML’s Podcast on Holiday Pay

The correct calculation of holiday pay has been a hot topic in the courts for quite some time now and reached fever pitch earlier this month when the Employment Appeal Tribunal handed down its decision on a number of key cases.

Having tracked the progress of the issue and posted multiple updates on our blog, we thought it was time that we put something a bit more substantial together. In this regard, we are delighted [...]

By |November 20th, 2014|Uncategorized|

Holiday pay update – EAT rule overtime should be included

EAT rules that non-guaranteed overtime (i.e. overtime which the employer does not have to provide, but which the worker must undertake if requested) should be factored into holiday pay
By |November 4th, 2014|HR / Employment Law News|

Non-compliance with the Early Conciliation process

Where a claimant presents a tribunal claim without first complying with the mandatory Early Conciliation (EC) process, the Tribunal must reject it under Rule 12 of the 2013 Rules of Procedure. However, on application, this rejection can be reconsidered and revoked under Rule 13.

In the case of Thomas v Nationwide Building Society ET/1601342/14, the claimant presented a whistleblowing complaint to which the EC process applied. As such, she was required to contact Acas first [...]

By |November 3rd, 2014|Uncategorized|

ASDA faces legal action

1,000 workers for the UK’s second largest retailer and a subsidiary of Walmart, ASDA, are claiming that the retailer is not providing equal pay rights to both men and women, even though their jobs hold the same value. Now facing legal action, the case against the company may test the water on how retailers address the pay of their employees in different parts of their business. If the case is settled in favour of [...]

By |October 27th, 2014|HR / Employment Law News|

Debbie Knowles visits the Houses of Parliament


During her attendance at the Houses of Parliament Debbie heard first hand from the Liberal Democrat and Business secretary Vince Cable as he announced his intent to launch an enquiry into employment rights during his keynote speech at the Liberal Democrat conference last week.

According to Cable, up to one-million employees in the UK are completely unrepresented under the current legislation adopted by the Coalition government, and further accused the Conservatives of an agenda of [...]

By |October 24th, 2014|General|

Update – Calculation of Holiday Pay

Following the preliminary ruling in Lock v British Gas Trading Ltd [2014] IRLR 648 ECJ that commission had to be taken into account in calculating remuneration in respect of paid annual leave, the case was referred back to Leicester Employment Tribunal to assess whether the Working Time Regulations could be interpreted in line with the ECJ’s decision. The hearing was due to take place this month, but has now been delayed until 4 February [...]

By |October 24th, 2014|HR / Employment Law News|

Tailored Training Delivered on a Bespoke Basis

If you have been searching for informative, educational training that your managers and business could benefit from, then Employee Management Limited can provide a range of tailored modules on a range of Employment Law, Health and Safety and HR topics, including the following:

Conducting Grievance and Disciplinary Investigations

Unlawful Discrimination
Unfair Dismissal
Performance Management
Absence Management
Equality and Diversity
Essentials of Employment Law – what a line manager needs to know
HR Basics – for those [...]

By |October 17th, 2014|HR / Employment Law News|

One of the Best

Employee Management Limited has been providing high quality HR, Employment Law and Health & Safety consultancy since 1986. We are experts in employment law, but also offer the practical support that most law firms can’t. Our typical support includes 24/7 advice, bespoke documentation which is commercially focussed and tribunal representation.

Our clients include national organisations who choose us to deal with their employment law issues rather than their company lawyers, partly because our charges are [...]

By |October 13th, 2014|Health & Safety News|

Union launches holiday pay claim against Royal Mail

The Communication Workers Union (CWU) has lodged a tribunal claim on behalf of its members for back pay and future entitlements relating to holiday pay in the wake of a number of important decisions that we have reported on previously on this blog. Although the details of the claim are not yet public knowledge, it is believed that the main focus of it is the failure of the Post Office to factor overtime into [...]

By |October 6th, 2014|HR / Employment Law News|

Male worker on additional paternity leave claims sex discrimination…

In a recent tribunal, Shuter v Ford, the question of whether a male employee should receive the same enhancements to pay when on additional paternity leave arose. In this case female employees received enhanced maternity pay following the birth of the child, however, male employees only received statutory paternity pay for their leave.

Shuter claimed that this was unlawful direct, alternatively indirect, sex discrimination.

The first point the tribunal considered was whether the respondent treated the [...]