Addison Lee wrongly classed drivers as self-employed, tribunal rules – The Guardian

Posted September 26th, 2017 in employment, employment tribunals, holiday pay, news, self-employment, taxis by sally

‘Drivers for London-based minicab company Addison Lee could be owed wages and holiday pay after an employment tribunal test case found that some had been wrongly classed as self-employed.’

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The Guardian, 25th September 2017

Source: www.theguardian.com

Your employment rights could be put at risk through Brexit. Here’s why – The Guardian

Posted September 4th, 2017 in bills, brexit, EC law, employment, holiday pay, news by sally

‘Part-time and agency workers and those facing redundancy are already targeted by bosses – and the EU withdrawal bill could make them more vulnerable.’

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The Guardian, 3rd September 2017

Source: www.theguardian.com

Voluntary Overtime and Holiday Pay – Cloisters

Posted August 22nd, 2017 in appeals, employment tribunals, holiday pay, news, remuneration, working time by sally

‘Nathaniel Caiden considers the recent Employment Appeal Tribunal (EAT) judgment in Dudley MBC v Willetts UKEAT/0334/16/JOJ that concerns the inclusion of voluntary overtime normally worked in calculating holiday pay.’

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Cloisters, 1st August 2017

Source: www.cloisters.com

Council loses appeal over voluntarily-worked overtime and holiday pay – Local Government Lawyer

Posted August 3rd, 2017 in employment tribunals, holiday pay, news, volunteers, working time by tracey

‘Dudley Metropolitan Borough Council has lost a case at the Employment Appeal Tribunal over how voluntarily-worked overtime is treated in the calculation of holiday pay.’

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Local Government Lawyer, 3rd August 2017

Source: localgovernmentlawyer.co.uk

Addison Lee suffers latest defeat in legal row over gig economy rights -The Guardian

‘Judge rules cycle courier should have been treated as employed worker with rights to holiday pay and the minimum wage.’

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The Guardian, 2nd August 2017

Source: www.theguardian.com

Workers in the gig economy should get sick leave and holidays, landmark review to recommend – Daily Telegraph

Posted July 10th, 2017 in employment, holiday pay, news, sick leave by sally

‘Sick leave and paid holidays will be extended to temporary workers in the “gig economy” under plans unveiled in a landmark review commissioned by Theresa May.’

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Daily Telegraph, 9th July 2017

Source: www.telegraph.co.uk

‘Self-employed’ plumber had rights as ‘worker’, but not employee, appeal court rules – OUT-LAW.com

‘A purportedly self-employed plumber engaged through a London-based firm was a ‘worker’, entitled to paid holiday rights and the right to bring a claim for disability discrimination, the Court of Appeal has ruled.’

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OUT-LAW.com, 10th February 2017

Source: www.out-law.com

Courier wins holiday pay in key tribunal ruling on gig economy – The Guardian

‘A cycle courier working for the delivery firm CitySprint has won the right to paid holidays and minimum pay in a key ruling on the gig economy.’

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The Guardian, 6th January 2017

Source: www.guardian.co.uk

Employment law brief – New Law Journal

‘Ian Smith examines the recent cases that have been driving employment law.’

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New Law Journal, 18th November 2016

Source: www.newlawjournal.co.uk

Bike couriers launch legal fight over workers’ rights – BBC News

Posted April 22nd, 2016 in employment tribunals, holiday pay, news, remuneration, self-employment by tracey

‘Four bicycle couriers are taking their companies to a tribunal in a bid to get employed workers’ rights, including paid holidays and the minimum wage.’

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BBC News, 22nd April 2016

Source: www.bbc.co.uk

Getting to Grips with the Holiday Pay Conundrum – Littleton Chambers

Posted March 17th, 2015 in appeals, EC law, employment tribunals, holiday pay, news, working time by sally

‘The Employment Appeal Tribunal’s (EAT’s) judgment in the Bear Scotland case is the latest in a series of cases considering what must be included in the calculation of holiday pay under the UK’s Working Time Regulations (WTR). The ruling sent shockwaves through the business community, with some commentators estimating that around five million workers in the UK could be entitled to more holiday pay at a potential cost to companies of billions of pounds. Business Secretary Vince Cable even set up a taskforce to assess the possible impact of the EAT’s decision. Adam Solomon and Sophia Berry throw the spotlight on the Bear Scotland litigation in the context of other decisions on holiday pay and consider its implications. This article first appeared in the March 2015 edition of Tolley’s Employment Law Newsletter.’

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Littleton Chambers, 17th March 2015

Source: www.littleton.com

Carrying over annual leave and back-pay: Sash Window Workshop Ltd v King – Cloisters

‘In Sash Window Workshop v King theEmployment Appeal Tribunal returned to two of the central controversies in recent holiday pay case-law. Firstly the right to carry annual leave entitlement over from one leave year to the next. Secondly the right to claim back pay for untaken leave in historic leave years, particularly upon the termination of employment.’

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Cloisters, 7th December 2014

Source: www.cloisters.com

Holiday pay: What about back pay? – Cloisters

Posted November 18th, 2014 in appeals, employment, employment tribunals, holiday pay, news, remuneration by sally

‘Ahead of this week’s EAT judgment in Bear Scotland Ltd v Fulton and Baxter, Hertel (UK) Ltd v Wood and others and Amec Group Limited v Law and others, employers feared the prospect of crippling retrospective pay claims dating back up to 16 years.’

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Cloisters, 7th November 2014

Source: www.cloisters.com

Holiday pay – life after the EAT judgment – Halsbury’s Law Exchange

‘Last week, amid much media excitement, the Employment Appeal Tribunal handed down its judgment in the conjoined cases of Bear Scotland v Fulton, Amec v Law & Hertel v Woods. All three cases were appealing against the decisions of employment tribunals who determined that the calculating “normal remuneration” for holiday pay purposes should include overtime even if the overtime is not guaranteed.’

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Halsbury’s Law Exchange, 14th November 2014

Source: www.halsburyslawexchange.co.uk

Law urgently needed to stop backdated holiday pay claims, employers urge – The Guardian

Posted November 4th, 2014 in appeals, employment, employment tribunals, holiday pay, news, working time by sally

‘Employers are urging the government to rush through emergency legislation to save thousands of companies from having to pay out hundreds of millions of pounds in backdated holiday pay to up to 5 million people.’

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The Guardian, 3rd November 2014

Source: www.guardian.co.uk

Dreadlock holiday pay – Hardwicke Chambers

Posted June 26th, 2014 in EC law, employment tribunals, holiday pay, news, remuneration, working time by sally

’10cc were a great band – from a decade of great bands of course – “Dreadlock holiday” an iconic track and I don’t like cricket, no no, I love it. So what a joy to be able to reference this title to a very significant employment case reported last week. How come? Well the pun starts here: (1) the case is Lock v British Gas Trading Limited (2) it is all about holiday pay and (3) employers will dread its implications.’

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Hardwicke Chambers, 10th June 2014

Source: www.hardwicke.co.uk

Companies should consider intention behind allowances after Supreme Court ruling on holiday pay says expert – OUT-LAW.com

Posted October 22nd, 2012 in employment tribunals, holiday pay, news, Supreme Court by sally

“Employers must consider the intention behind payments made on top of an employee’s basic pay following the Supreme Court’s ruling that pilots should be paid their ‘normal remuneration’ during their four weeks’ statutory annual leave, an expert has said.”

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OUT-LAW.com, 22nd October 2012

Source: www.out-law.com

British Airways plc v Williams and others – WLR Daily

Posted October 19th, 2012 in airlines, EC law, holiday pay, law reports, remuneration, working time by sally

British Airways plc v Williams and others [2012] UKSC 43; [2012] WLR (D) 277

“Where a group of airline pilots’ claimed that their paid annual leave (as required by a European Aviation Directive) should include their regular supplementary allowances as well as their basic pay and, on a reference by the Supreme Court, the Court of Justice of the European Union had interpreted the Directive as requiring pay for annual leave to correspond to normal remuneration, assessed as being the average over a representative period of all remuneration save that intended exclusively to cover costs, the absence of a detailed domestic legislative scheme implementing the Directive’s requirements as to paid annual leave did not preclude an employment tribunal from making such an assessment.”

WLR Daily, 17th October 2012

Source: www.iclr.co.uk

Court of Appeal Clarifies the Law on Holiday Pay for Sick Workers – Harwicke Chambers

Posted August 14th, 2012 in appeals, employment, holiday pay, news, sick leave by sally

“In the recent decision of NHS Leeds v Larner [2012] EWCA Civ 1034, the Court of Appeal confirmed that workers on sick leave are entitled to carry forward unused statutory holiday entitlement without needing to submit a formal request to do so.”

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Hardwicke Chambers, 7th August 2012

Source: www.hardwicke.co.uk

Westwood v Hospital Medical Group Ltd – WLR Daily

Posted July 27th, 2012 in contract of employment, doctors, holiday pay, law reports by sally

Westwood v Hospital Medical Group Ltd [2012] EWCA Civ 1005; [2012] WLR (D) 222

“A person not working for a company pursuant to a contract of employment, who was clearly an integral part of its undertaking when providing services as a surgeon, even though he was in business on his own account was a worker for the purposes of section 230(3)(b) of the Employment Rights Act 1996.”

WLR Daily, 24th July 2012

Source: www.iclr.co.uk