The European Court has ruled on an English case that a worker taking annual leave must be paid the commission he would have earned had he been at work. Therefore, it would now seem that when a worker takes leave, he or she must be compensated not just for basic pay, but for lost commission during the leave. There is no guidance as yet as to how to calculate such missed commission. We recommend at this point that you use an average of the workers previous 12 weeks pay to calculate the holiday pay. Failure to do so will produce an accumulating claim from each such worker which could mount up over a number of years in theory. The case is British Gas v Lock and can be read at the following link. http://www.bailii.org/eu/cases/EUECJ/2013/C53912_O.html Back to legal...
An employer whose business model uses “gig staff” (presumed to be self-employed often) has told a committee of MP’s that if a worker takes them to Tribunal and wins, gaining rights to paid holiday and to the Living Wage, the employer would not roll out the rights to anyone else. Read More Read more>>
It has long been a stock question from clients as to whether they can monitor employees’ emails. In fact, the actual question from clients often comes too late, in that they ask if they can sack an employee for the contents of an email, and we have to say that they could, except that they… Read more>>
Suspension is an extremely common response to allegations which might amount to gross misconduct. If an employer has left an employee in situ after serious allegations, the employer might face difficulty in dismissing summarily if the employee has been left at work while the matter is investigated. Read More Read more>>