Holiday pay update – Commission should be included!

Leicester Employment Tribunal has handed down its much anticipated decision in Lock v British Gas Trading.

To recap, the Claimant, a sales consultant, claimed he was owed holiday pay due to the amount he received whilst on annual leave not incorporating an amount reflective of his variable monthly commission payments. Originally, the Tribunal could not reach a decision on whether the relevant EU law the UK must work to required holiday pay to incorporate the [...]

By |March 25th, 2015|HR / Employment Law News|

Our latest Bog Blog – Now wash your hands please

The following blog is probably not suitable for meal times…

Sanitation for vehicles on the move is nothing new, but using the sanitation to make the vehicle move in the first place is surely set to be more than a flash in toilet pan.

We know about discharging poo on the railway track – and there’s a valid health and safety (H&S) reason right there why operators close both tracks when the maintenance crews are working [...]

By |March 23rd, 2015|Health & Safety News|

Security Industry Authority (SIA) Licences – Are you at risk?

Tonight the BBC’s Inside Out programme claims to have uncovered that ‘large numbers of colleges were willing to help students cheat security exams’ and that ‘thousands of people [are] working in the industry illegally, having obtained accreditation illegally’.

To obtain a Security Industry Authority (SIA) licence, the individual should have had around 140 hours of training, however the programme states it will show that in some cases this has been reduced to 3 hours and [...]

By |March 23rd, 2015|HR / Employment Law News|

Acas publishes revised Discipline & Grievance Code

A revised Discipline & Grievance Code of Practice has been published by Acas with changes having been made to the section relating to the statutory right to be accompanied. These were triggered by the recent Employment Appeal Tribunal (EAT) ruling in Toal v GB Oils that found that workers are free to choose who they like as their accompanying person at grievance and disciplinary hearings, provided they meet the relevant definition, which is as follows:

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

Latest Acas stats show Early Conciliation to be a success

The latest quarterly update from Acas indicates that it dealt with more than 60,000 Early Conciliation (EC) cases between the start of April and end of December 2014.

EC has been mandatory since May 2014 and requires individuals and employers to consider agreements, whether financial or otherwise, prior to the formal tribunal process being commenced and any fees being levied against claimants.

The aforementioned report states that only 8.7% of employees chose not to participate in [...]

By |March 9th, 2015|HR / Employment Law News|

View our Shared Parental Leave webcast!

It probably hasn’t escaped your notice that parents of babies due on or after 5 April 2015 could qualify for Shared Parental Leave (SPL) and pay. The new right will allow eligible women to cut short their maternity leave in order to enable their partner to take SPL. Eligible parents will be able to share 50 weeks’ leave and 37 weeks’ pay, with similar rules applying for adoptive parents.

According to the Government, 285,000 couples will [...]

By |March 4th, 2015|HR / Employment Law News|

Tribunal decision on holiday pay and commission imminent

The pivotal case of Lock v British Gas Trading Ltd returned to the employment tribunal this month and employers are currently waiting with baited breath to see how commission should be taken into account when calculating holiday pay.

To recap, the Claimant, a sales consultant, claimed he was owed holiday pay due to the amount he received whilst on annual leave not incorporating an amount reflective of his variable monthly commission payments. Originally, the Tribunal could [...]

By |February 27th, 2015|HR / Employment Law News|

Tribunal compensation limits increasing from 6 April 2015

New employment tribunal compensation limits will be introduced on 6 April 2015 reflecting the increase in the retail prices index of 2.3% from September 2013 to September 2014.

They include a revised maximum figure of £475 (currently £464) for a week’s pay for the purposes of calculating statutory redundancy payments and unfair dismissal basic awards, as well as a higher maximum unfair dismissal compensatory award of £78,335 (currently £76,574).

The new limits apply where the ‘appropriate [...]

By |February 20th, 2015|HR / Employment Law News|

View EML’s new brochure!

EML’s new and improved brochure has arrived, so for a neat overview of who we are and what we do, you can either browse / download this online version, or contact us for a hard copy:

We have been providing employers with [...]

By |February 18th, 2015|General|

Woolworths and Ethel Austin staff dealt blow by Advocate General Opinion on redundancy and the meaning of establishment

Employers can breathe a sigh of relief after Advocate General (AG) Wahl’s Opinion that under the Collective Redundancies Directive, the term ‘establishment’ should be interpreted as meaning the ‘unit to which the workers made redundant are assigned to carry out their duties’, meaning that the trigger for collective redundancy consultation obligations remains the dismissal of 20 staff in one establishment as opposed to 20 staff across all of an organisation’s establishments.

This issue dates back [...]

By |February 6th, 2015|HR / Employment Law News|