Employment Law Updates
Can employers force workers to take holiday during furlough? An Update.
The government has updated their guidance to employees regarding the furlough scheme. This update is correct as at 14th May 2020 but there may be further changes and updates.   Following the Government’s update last month in their guidance to employees that holiday can be taken on furlough, they have...
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Employment Law Updates
Can holidays be taken during furlough? An Update.
Following the issue of their Direction to HMRC, the government has updated their guidance to employees regarding the furlough scheme. This update is correct as at 20th April 2020 but there may be further changes and updates. The government has finally addressed the issue of furlough and holiday, although only...
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Employment Law Updates
Can holidays be taken during furlough?
The simple answer to this very commonly asked question is “We don’t know, no one knows yet”   And the answer may not come in time for Good Friday and Easter Monday. As at 9th April 2020 there is no clear government guidance on this question. ACAS have changed their...
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Employment Law Updates
Annual Leave and Disruption of Plans
When plans of employees during pre-booked holidays fall apart for any reason, whether that be the collapse of the holiday company, or unexpected illness, different rules apply according to exactly what the circumstances are. The basic rule is that the intention of the legislation, and therefore the thing that courts...
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Employment Law Updates
Holiday Carry Over
With the year end also being the end of the holiday year for many employers, a case from the Europe Court of Justice about the ability carry over untaken holiday from one year to the next is rather timely.    The purpose of annual leave is to allow workers to...
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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
“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
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
An Example of a Practical Approach to Holiday Pay
When the self-employed are found to be workers And so are entitled to holiday pay 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...
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