‘FOCUS The EU’s highest court has ruled that the time those with no fixed place of work spend travelling between home and their first and last places of work each day counts as “woking time” – but this does not necessarily entitle them to extra pay.’
OUT-LAW.com, 11th September 2015
Source: www.out-law.com
‘The European Court of Justice (“the ECJ”) has now given judgment in Federacion de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security Case C-266/14 consistent with the Advocate General’s opinion, on which James Goudie QC blogged recently. For peripatetic or mobile workers (who do not have a fixed or habitual workplace) time spent travelling from home to the first appointment and from the last appointment back home counts as working time under EU law. The judgment has very significant implications for employers whose workforce includes, for example, home care staff, gas fitters, and sales teams.’
Employment Law Blog, 14th September 2015
Source: www.employment11kbw.com
‘A council has admitted wrongly using the Working Time Regulations to refuse the direct payments they assessed a young man as needing, following an investigation by the Local Government Ombudsman.’
Local Government Lawyer, 6th August 2015
Source: www.localgovernmentlawyer.co.uk
‘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.’
Full story
Littleton Chambers, 17th March 2015
Source: www.littleton.com
‘Police officers acting as handlers to informers, and responding to an automated out of hours telephone system, where contact was required between a handler and an informer, were entitled to overtime pay.’
WLR Daily, 3rd February 2015
Source: www.iclr.co.uk
‘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.’
Cloisters, 7th December 2014
Source: www.cloisters.com
‘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.’
Halsbury’s Law Exchange, 14th November 2014
Source: www.halsburyslawexchange.co.uk
‘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.’
The Guardian, 3rd November 2014
Source: www.guardian.co.uk
’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.’
Hardwicke Chambers, 10th June 2014
Source: www.hardwicke.co.uk
Bollacke v K + K Klaas & Kock BV & Co KG (Case C-18/13); ECLI:EU:C:2014:1517; [2014] WLR (D) 254
‘Article 7 of Parliament and Council Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time precluded national legislation or practice which provided that the entitlement to paid annual leave was lost without conferring entitlement to an allowance in lieu of leave outstanding, where the employment relationship was terminated by the death of the worker. Receipt of such an allowance was not dependent on a prior application.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
Lock v British Gas Trading Ltd (Case C-539/12) ECLI:EU:C:2014:351; [2014] WLR (D) 224
‘Article 7(1) of Parliament and Council Directive 2003/88/EC precluded national legislation and practice under which a worker whose remuneration consisted of a basic salary and commission, the amount of which was fixed by reference to the contracts entered into by the employer as a result of sales achieved by that worker, was only entitled in respect of his paid annual leave, to remuneration composed exclusively of his basic salary. The methods of calculating the commission to which such a worker was entitled in respect of his annual leave had to be assessed by the national court or tribunal on the basis of the rules and criteria set out by the case law of the Court of Justice of the European Union and in the light of the objective pursued by article 7 of Directive 2003/88.’
WLR Daily, 22nd May 2014
Source: www.iclr.co.uk
Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474
‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’
WLR Daily, 5th December 2013
Source: www.iclr.co.uk
“A devout Christian woman is set to fight for her right not to work on Sunday this week when her case is heard at the Court of Appeal.”
The Independent, 20th October 2013
Source: www.independent.co.uk
Abercrombie and others v Aga Rangemaster Ltd [2013] EWCA Civ 1148; [2013] WLR (D) 381
“The question governing liability to make guarantee payments under section 28 of the Employment Rights Act 1996 was whether the employee ‘would normally be required to work [on the day in question] in accordance with his contract of employment’. The fact that an agreement introducing changes to an employee’s working hours was temporary did not prevent the day in question remaining ‘normally’ a working day.”
WLR Daily, 11th October 2013
Source: www.iclr.co.uk
“The concept of ‘disability’ in Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation included a condition caused by an illness medically diagnosed as curable or incurable where that illness entailed a limitation which resulted in particular from physical, mental or psychological impairments which in interaction with various barriers might hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers, and where the limitation was a long term one.”
WLR Daily, 11th April 2013
Source: www.iclr.co.uk
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
“British workers put in some of the longest hours in Europe, and the burden falls particularly heavily on shift workers. You have often seen the signs ‘Tiredness Kills’ along motorways. In many instances this is literally true and over-tired drivers coming home from long shifts pose a real hazard to themselves and other road users.”
Hardwicke Chambers, 10th October 2012
Source: www.hardwicke.co.uk
“Patient care is being put at risk by the European Working Time Directive, which ‘disrupts continuity of care and distorts clinical training’, say two Royal Colleges.”
Daily Telegraph, 14th October 2012
Source: www.telegraph.co.uk
“Unused holiday entitlement by workers on long-term sick leave should be automatically transferred into the next leave year if a worker is unable to take that holiday due to his or her sickness, the Court of Appeal has said.”
OUT-LAW.com, 27th July 2012
Source: www.out-law.com
NHS Leeds v Larner [2012] EWCA Civ 1034; [2012] WLR (D) 227
“An employee who had been on sick leave for a prolonged period of time and who was eventually dismissed thereafter had not lost her right to the holiday pay to which she was entitled in lieu of the annual leave which she had been unable to take.”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
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