Holiday calculation when part timers change hours The European Court has ruled on the sticky question of what holiday someone is entitled to, when they accrue the holiday on part time hours, and then take the holiday when they have increased their hours? The answer is that there must be a clear line drawn between what has accrued on part time hours, which can be taken at the same entitlement, and what has accrued on full time hours. The employee is not entitled to accrue a week’s holiday working 3 days a week for example, and then go up to five days a week and take that holiday (accrued as 3 days) as a full week off on 5 days. The question only arises because the regulations talk about entitlement to “weeks” holiday rather than hours or days. The case, if you really want to read it, can be seen at the following link: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62014CN0219 Back to legal updates...
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>>