Two-year cap on holiday pay claims takes effect

From today, workers lodging tribunal claims for unpaid wages relating to historical underpayment of holiday pay will only be able to go back 2 years.

Employers will welcome the introduction of new regulations significantly limiting their exposure to back-dated claims, following a series of recent rulings regarding what elements of pay should be included in the calculation of holiday pay.

Whilst the recent decision in the case of Bear Scotland v Fulton appeared to limit the scope [...]

Supporting religious observance

Employers can often find themselves in a quandary when faced with considering an individual’s personal appearance which may be in line with their religious belief and how best to address this.

In the case of Begum v Pedagogy Auras UK Ltd (t/a Barley Lane Montessori Day Nursery) the Claimant brought a case of indirect discrimination on the grounds of religious belief.

The nursery provided day care facilities to children aged from 2 months upwards and had [...]

Voluntary Overtime Included in Holiday Pay

Another twist in the Holiday Pay tale has recently been written following the case of Patterson v Castlereagh Borough Council heard in the Northern Ireland Court of Appeal.

Following previous cases in relation to the inclusion of overtime into holiday pay calculations (Fulton v Bear Scotland), many organisations felt satisfied that, where they could demonstrate that overtime was purely voluntary (with no obligation on either the employer to provide or the employee to undertake), they [...]

By |June 26th, 2015|Uncategorized|

Review of Employment Tribunal fees announced by Government

The long-awaited review of employment tribunal fees has just been announced by the Government and is expected to last until the end of the year.

It is worthy of note that there is no mention of any intended consultation on the regime, although the Government has said it will consult if the review identifies a need for change.

Also interesting is the timing of this announcement, coming as it does, so close to Unison’s judicial review [...]

By |June 12th, 2015|HR / Employment Law News|

Driving and using a mobile phone – When is it fair to dismiss?

There have been two recent Employment Tribunal cases in relation to driving, using a mobile phone and dismissing fairly.

In the first of these, a bus driver who was already on a final written warning, was dismissed when CCTV footage showed him to be asleep whilst parked up at a bus stand before his shift was due to start, waking up as a result of the alarm on his mobile phone going off then starting [...]

End of the driving licence counterpart

From today, the driving licence paper counterpart will not be valid and will no longer be issued by DVLA.

The counterpart was introduced to display driving licence details that could not be included on the photocard. These details include some vehicle categories you are entitled to drive and any endorsement/penalty points.

Please note, this does not affect photocard licences issued by DVA in Northern Ireland.

 

Drivers with existing paper counterparts

If you already hold a paper counterpart, after [...]

By |June 8th, 2015|Health & Safety News|

Zero-Hours Contracts – Exclusivity clauses banned

In their manifesto, the Tories stated they would pass legislation to make exclusivity clauses, which prevent an individual from working for another employer even when no work is guaranteed,  unenforceable. This pledge has taken effect today via the first commencement order made under the Small Business, Enterprise and Employment Act 2015.

Other employment law-related measures contained in the order are as follows:

 

an increase in the penalty for breaching National Minimum Wage law whereby the maximum [...]

Collective Redundancy Consultation – ECJ rules single store can be establishment

Further to the ECJ’s recent decision in the Woolworths and Ethel Austin cases (see our recent article for further details) in which the definition of ‘establishment’ was determined to be the entity to which workers are assigned to carry out their duties, the Court has ruled in Lyttle v Bluebird that a single retail store is capable of being an ‘establishment’ for collective redundancy consultation purposes.

This was in answer to a referral from a [...]

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    Whistleblowing – What is ‘in the public interest’? (part 2)

Whistleblowing – What is ‘in the public interest’? (part 2)

In a recent article, we summarised the case of Chesterton Global Ltd & Anor v Nurmohamed, in which the Employment Appeal Tribunal (EAT) considered what would amount to being in the public interest and concluded that a relatively small group of individuals may be sufficient to satisfy the public interest test.

Following hot on the heels from this judgment is the Employment Tribunal’s decision in Newman v Riverside Building Supplies in which it was determined [...]

Round-up of Tory pledges on employment law

Further to the Conservative Party’s triumph in the recent general election and following on from our recent blogs on the stances adopted by the various political parties on employment issues, it is worth recapping on what the Tories are intending to do on the employment law front.

 

Employment Tribunal Fees

As the Conservative Party introduced the fee regime and has been vocal about its effectiveness in reducing the volume of claims, it is probably no surprise [...]