‘Paul Newman KC has written a casenote on the recent decision of the CA in Campbell v NHS Business Services Authority, in which a member was held to have died in pensionable service and therefore to have been entitled only to a death in service benefit lump sum, rather than a higher ill health lump sum, by reason of untaken leave entitlement.’
Pensions Barrister, 23rd November 2023
Source: www.pensionsbarrister.com
‘The UK government’s response to two post-Brexit consultations on reforming holiday pay leaves the door open for more reforms in the future, according to two legal experts.’
OUT-LAW.com, 17th November 2023
Source: www.pinsentmasons.com
‘October 2023’s Supreme Court decision in the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (‘Agnew’) represents a seismic shift in the law on holiday pay. The decision makes it much easier for Claimants to make historic underpayment of holiday pay claims in circumstances where they seek to demonstrate a chain of unlawful deductions. The case concerns Northern Irish workers and Northern Irish laws however the decision has wider implications for workers and employers in England and Wales.’
Exchange Chambers, 31st October 2023
Source: www.exchangechambers.co.uk
‘The UK’s Supreme Court has backed a Northern Ireland court’s earlier ruling that makes it easier for workers to raise claims for unpaid holiday pay that stretch back over a period of time.’
OUT-LAW.com, 11th October 2023
Source: www.pinsentmasons.com
‘Many UK workers could be entitled to thousands of pounds “unfairly” deducted from their pay after a supreme court decision, according to unions.’
The Guardian, 4th October 2023
Source: www.theguardian.com
‘A former Uber driver has won a payout of more than £20,000 owed to him for more than seven years after a tribunal ruled the gig economy firm failed to respect minimum wage and holiday entitlement laws.’
The Guardian, 12th July 2023
Source: www.theguardian.com
‘The entitlement to 5.6 weeks’ paid annual leave in the Working Time Regulations (WTR) is fairly straightforward to operate for full-time employees, working five days a week and paid a fixed salary. The employer just needs to let them take five weeks and three days off work, and carry on paying them their salary. Ever since the seminal judgment of the CJEU in BECTU we have known that the right in the parent Directive applies to all workers, without exception, from day one. But what does a right, expressed in weeks, mean for those, often misleadingly referred to as ‘atypical’ workers, who work only some days a week, only some weeks of the year or under a zero hours contract? What is the link, if any, between the time or hours worked and the period of annual rest?’
Old Square Chambers, 20th July 2022
Source: oldsquare.co.uk
‘Joel Wallace provides a review of the recent Supreme Court decision in Harpur Trust v Brazel [2022] UKSC 21. A copy of the judgment can be found here. Topics include: annual leave entitlement, annual leave pay, zero-hour contracts, gig workers and irregular workers.’
Littleton Chambers, 28th July 2022
Source: littletonchambers.com
‘Doug Mullen and Billy Richards consider the pensions implications of a recent Supreme Court holiday pay case.’
Local Government Lawyer, 5th August 2022
Source: www.localgovernmentlawyer.co.uk
‘This appeal concerned the calculation of annual leave and holiday pay entitlements for workers who work for varying hours during only certain weeks of the year but have a contract throughout that year (“part–year workers”).’
UKSC Blog, 20th July 2022
Source: ukscblog.com
‘On 9 November 2021, the Supreme Court heard the appeal in Harpur Trust v Brazel. The forthcoming decision is expected to provide some much-needed clarity on how employers should approach calculating annual leave entitlement and pay for workers who work irregular hours, including those workers on zero hours contracts.’
UKSC Blog, 1st April 2022
Source: ukscblog.com
‘A law firm is seeking to launch a group action against Amazon over employee rights for delivery drivers.’
BBC News, 13th October 2021
Source: www.bbc.co.uk
Establishing an individual’s employment rights can feel like a minefield, with varying degrees of obligations on the employer depending on the employment status. Earlier this year the Supreme Court upheld earlier decisions in the Employment Tribunal, Employment Appeal Tribunal and Court of Appeal that Uber drivers are “workers” of Uber for the purposes of employment rights, and not, as Uber argued, self-employed contractors each operating their own minicab business.
Mills & Reeve, 14th June 2021
Source: www.mills-reeve.com
‘The Nursing and Midwifery Council (‘NMC’) is the regulator of Nurses and Midwives in the UK. Pursuant to the Nursing and Midwifery Order 2001, the NMC has a Fitness to Practise Committee (‘FTP’), which determines allegations of impairment of fitness to practise. The Claimant was appointed as a panel member and chair of the FTP for a four-year term on 16 April 2012. He was appointed for a further four-year term in April 2016.’
3PB, 10th June 2021
Source: www.3pb.co.uk
‘Ride-hailing giant Uber has agreed to recognise a trade union for the first time, in a landmark deal that should benefit gig economy workers.’
BBC News, 26th May 2021
Source: www.bbc.co.uk
‘Alasdair Henderson of 1 Crown Office Row joins Rosalind English to discuss the recent ruling by the UK Supreme Court that drivers whose work is arranged through Uber’s smartphone app work for Uber under workers’ contracts and so qualify for the protections afforded by employment law, such as minimum wage and paid holiday leave.’
Law Pod UK, 7th April 2021
Source: audioboom.com
‘An accountant who acted as a law firm’s part-time finance director through a company was a worker and not self-employed, even though he had another client, an employment tribunal has ruled.’
Legal Futures, 29th March 2021
Source: www.legalfutures.co.uk
‘On Wednesday Uber, the taxi hailing app, began offering 70,000 UK drivers a minimum hourly wage, holiday pay and pensions after years of legal battles.’
The Guardian, 18th March 2021
Source: www.theguardian.com
‘Gig economy companies, including Uber and Deliveroo, have faced at least 40 major legal challenges around the world as delivery drivers and riders try to improve their rights.’
The Guardian, 17th March 2021
Source: www.theguardian.com
© Inner Temple Library 2023