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...
Last year, the courts decided that if overtime was compulsory, it should be included in the amount of a week’s pay for the purpose of holiday pay calculation. Now, the courts have progressed this by ruling that voluntary overtime needs to be included in the calculation, particularly when it is worked regularly. Read More Read more>>
Employees will no longer have to pay to start a claim in Tribunal after the Supreme Court unanimously quashed the fees regime introduced by the government in 2013. Fees for Tribunals have deterred a great many claims in Tribunal, not only for unpaid wages but for discrimination and unfair dismissal as well. Tribunal applications dropped… Read more>>
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>>