Employment Law Updates
National Minimum Wage & Sleep-ins
There have been a lot of cases over the past year or so looking at what amounts to working time. This is important as where time is “working time” the national minimum wage is payable. In May last year, we reported an EAT case where it was decided that sleep-in...
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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
Worker or Self Employed?
The Employment Appeal Tribunal has ruled against an employer in the continuing battle over Employment Rights in the gig economy, taking DBS checks and the obligation to accept jobs when logged on, as clear indicators.  A recent ruling in the EAT upheld the Employment Tribunal’s decision that an Addison Lee...
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Employment Law Updates
Holiday Pay and Worker Status
The European Court of Justice handed down a judgment on 30th November that might have wide ranging implications for employers and must be understood, if only to assess the risk posed to any business. The case is called King v Sash Windows (2017) and the full judgment can be read here....
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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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