In Heimann and anor v Kaiser GmbH the ECJ has held that calculating the paid annual leave of workers on short-time working on a pro rata temporis basis did not breach EU law. ECJ case law requiring the accrual of paid annual leave in full while on sick leave was of a fundamentally different character[…]
Paid annual leave may be calculated on pro rata basis for zero-hours contracts
LATEST NEWS Nov 12, 2012
The Government has published a consultation on the detail of implementing ‘employee owner’ status. Under the proposals, the Employment Rights Act 1996 will be amended to create a third employment status of ‘employee owner’ in addition to that of employee or a worker. ‘Employee owners’ would receive between GBP2,000 and GBP50,000 worth of shares in[…]
In Birmingham City Council v Abdulla and ors the majority of the Supreme Court has held that equal pay claims, which would have been out of time in an employment tribunal, can proceed as breach of contract claims in the High Court. While the civil courts have a discretion to strike out equal pay claims[…]
Civil Aviation Regulations give effect to ECJ ruling on pilots’ holiday pay
LATEST NEWS Oct 18, 2012
In British Airways plc v Williams and ors, the Supreme Court has held that the Civil Aviation (Working Time) Regulations 2004 can be interpreted so as to give effect to a judgment of the European Court of Justice whereby airline pilots’ holiday pay is not restricted to basic pay but must include flying pay supplements.[…]
The Government has announced further amendments to the Enterprise and Regulatory Reform Bill creating, among other things, a power to issue regulations on mandatory equal pay audits for employers who lose employment tribunal claims. Other amendments include the promised removal of employer liability for harassment by third parties under the Equality Act 2010. The Government[…]
The Department for Business, Innovation and Skills has announced that the Government will not be introducing ‘no-fault dismissal’ for micro businesses following its call for evidence. The Government has also issued consultations on lowering the cap on unfair dismissal awards and Mr Justice Underhill’s proposals for reforming employment tribunal procedure. The consultation ‘Ending the Employment[…]
Norman Lamb, Minister for Employment Relations, has publicly named Rita Patel, a Leicester hair and beauty salon owner, for failing to pay GBP3,361.22 in national minimum wage (NMW) to a former worker following an investigation by HM Revenue and Customs (HMRC). This resulted in HMRC enforcing the debt through the courts. The Government argues that[…]
In Trago Mills (South Devon) Ltd v Information Commissioner and anor the Information Rights Tribunal has held that a council was entitled to refuse part of a freedom of information request concerning a severance arrangement with a senior employee. The information was personal data of that individual and disclosure would have been contrary to data[…]
In Hospital Medical Group Ltd v Westwood the Court of Appeal has upheld a tribunal’s decision that a doctor, although not employed under a contract of employment, was a ‘worker’ for the purposes of S.230(3)(b) of the Employment Rights Act 1996. The Court held that there was no test of universal application to judge whether[…]
Unfairly Dismissed Employee’s Estate can recover full death-in-service Benefits
LATEST NEWS Aug 01, 2012
In Fox v British Airways Ltd, the EAT has held that the full value of a death-in-service benefit was payable in an unfair dismissal claim brought by the estate of a deceased former employee. An employment tribunal was wrong to confine the award to £350 simply to reflect the cost of lost life assurance cover.[…]