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...
Businesses should already be aware that as of last April Companies House introduced a register of the people with significant control (PSC) of a company. This was done when submitting the company’s annual confirmation statement (which replaced the annual return in June 2016). Read More Read more>>
A case this month has examined the practice of selecting for redundancy by making employees compete for new roles and sacking the unsuccessful applicants. It has long been established that the selection criteria for selecting in this way, i.e. who gets a new post, are judged by a slightly different test than when an employer… Read more>>
The Employment Appeal Tribunal (EAT) have handed down a judgment which aims to assist employers in working out whether they should pay the minimum wage to workers for time spent sleeping. The case of Focus Care Agency v Roberts is essential reading for those who have to make that decision and it applies particularly in… Read more>>