Employment Law Updates
Holiday Pay and Voluntary Overtime
The Appeal Tribunal has ruled that voluntary overtime should be taken into account when calculating holiday pay. This follows a steady creep in this direction from previous cases looking at compulsory overtime.    The case in question (Flowers v East Of England Ambulance Trust) concerns a public body, and so...
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Employment Law Updates
“I thought they were self-employed, so I didn’t pay them holiday!”
The now famous case of the Pimlico Plumbers, which we have reported on twice already when in the lower courts, has now been heard in the Supreme Court and there are no surprises in the judgement. This was a case of a plumbing company who used what it thought were self-employed...
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Employment Law Updates
Directors’ Duties On GDPR
Many companies are already well underway on the road to compliance with GDPR. Those that are not underway, should be starting to look at their options shortly. We have noticed that some companies are not putting in place a paper trial to show that they have complied with the new...
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Employment Law Updates
The Need To Carry Out Right To Work Checks
For those that don’t know, before employing a person you must check that they have the legal right to work in the UK. You do this by checking original copies of appropriate documents, taking copies of those documents and recording the date of the check. If the individual has a...
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Employment Law Updates
Dismissal Of Pregnant Employee Was NOT Discriminatory
The Appeal Tribunal has handed down a judgement in a case where the employer dismissed a probationary employee only to discover afterwards she was pregnant. The employee sued for discrimination and claimed that because the dismissal was due to her absence, and highly emotional state, it “must have been obvious”...
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Employment Law Updates
Minimum Wage Payable for Sleeping
Employers who have failed to pay workers the minimum wage face being served with a Notice of Underpayment which can require them to not only pay the arrears to the worker/workers but also pay a fine and be publicly named. Following the decision in Focus Care Agency v Roberts, we...
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Employment Law Updates
Suspension – Is it always fair?
In the case of Agoreyo v London Borough of Lambeth, a local authority suspended a teacher after allegations of using force on children. 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...
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Employment Law Updates
Counting Voluntary Overtime When Calculating Holiday Pay
The law continues to move apace in the area of what counts as “normal pay” when calculating holiday pay. 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...
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