Morgan Russell Solicitors

Employment

ADVICE NOTE - HOLIDAY PAY Part 2 - Holiday Pay and Commission

This is the second of two Advice Notes relating to holiday pay.   Part 1 earlier in the month covered holiday pay and overtime.

1.                   Introduction

Holiday pay should include commission - in the opinion of Advocate General Bot at the European Court of Justice

The European Court of Justice (the “ECJ”) interprets European Union law (“EU”) to ensure that it is applied in the same way in all EU countries and settles legal disputes between EU governments and EU institutions. 

The ECJ is assisted by nine “Advocates-General” whose job is to present opinions on the cases brought before the ECJ. 

Once the Advocate General gives his/her opinion, the judges discuss the case together and give their judgment.

Continue reading ADVICE NOTE - HOLIDAY PAY Part 2 - Holiday Pay and Commission

Auto Enrolment - What Do I Do?

The auto enrolment pension duties are being phased in over a period of five and a half years.  This process commenced on 1 October 2012. These duties will eventually apply to all employers in the UK.  Employers will be notified by the Pension Regulator of the “staging date” applying to their business, approximately one year in advance.  However, due to the amount of preparation required, it is advisable to ascertain your firm’s staging date as soon as possible.  

A short introduction to auto enrolment

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ADVICE NOTE - HOLIDAY PAY Part 1 - Holiday Pay and Overtime

This is the first of two Advice Notes relating to holiday pay.   Part 2 will follow shortly and will look at holiday pay and commissions.

1. Introduction

An employer should have taken a worker’s overtime payments into account when calculating holiday pay........says an employment tribunal in the Neal v Freightliner Limited ET1315342/12 (the “Neal case”).

This advice note focuses on what the decision could mean for your business and the options available to you.

Continue reading ADVICE NOTE - HOLIDAY PAY Part 1 - Holiday Pay and Overtime

EMPLOYMENT LAW NEWS - DECEMBER 2013

  1. Fairness of dismissals by administration - Football crazy
  2. Legal expenses cover - Weapon of choice
  3. Minimum wage and working time  - Sweet dreams are made of this
  4. Zero hours contracts - Less than zero
  5. Capability, dismissals and reasonable adjustments - Out in the parking lot
  6. TUPE - Ch-ch-ch-changes
  7. Penalty clauses in employment contracts - She works hard for the money
  8. Discrimination on grounds of sexual orientation - Heartbreak Hotel
  9. Age discrimination - And finally… they shoot horses, don’t they?

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Continue reading EMPLOYMENT LAW NEWS - DECEMBER 2013

Fairness of dismissals by administration - Football crazy

Crystal Palace FC Ltd & Anor v Kavanagh & Ors is a significant Court of Appeal case dealing with the fairness of dismissals by administrators of struggling companies. In 2009 the finances of the company running the club were in a parlous state and it went into administration at the beginning of 2010. The administrator wanted to sell the business as a going concern, if he could; one obstacle to this was that the ground where the club played was separately owned, and the only credible buyer, a consortium, wanted the ground as part of the deal. The next month the ground’s owner was also put into administration by its bankers. Negotiations ensued which were complex, fast moving, and subjected to spin by the parties, but were not immediately productive.

Continue reading Fairness of dismissals by administration - Football crazy

Legal expenses cover - Weapon of choice

Directive 87/344/EC on legal expenses insurance gives policyholders the right to a free choice of representative in legal proceedings. Notwithstanding this, private individuals of modest means who look to legal expenses insurance to fund litigation (and many household policies include some form of cover) find that they are offered in house representation or are directed to a solicitor from a panel maintained by their insurer, rather than their own choice of representative.

Continue reading Legal expenses cover - Weapon of choice

Minimum wage and working time - Sweet dreams are made of this

In Whittlestone v BJP the EAT has taken another look at an issue which seems to recur from time to time – are workers entitled to minimum wage for hours spent asleep? Ms Whittlestone worked as a home care for an agency. By day she visited a number of service users at home for 20 minute “shifts” to attend to their needs, travelling between them by bus – nearly always without having time to return home between them. She was not paid for travel time. She had no set working hours, but worked as needed to carry out the number of visits allotted to her. She also slept over for 8 hours overnight, when required, at a house occupied by three disabled adults for an additional fixed fee of £40 a week. As she appears to have slept over at least 2 nights a week this was well under the minimum wage. She resigned, giving a month’s notice and during her notice period she was given markedly less work that was the norm – which had been at least 50 hours a week on average before she handed in her notice.

Continue reading Minimum wage and working time - Sweet dreams are made of this

Zero hours contracts - Less than zero

Continuing the thread of cases on zero hours contracts from last month, in G4S Secure Solutions (UK) Ltd v Alphonso the EAT looked at what amounts to a zero hours contract in the context of procedural issues as to whether a claim was in time or not and whether the appeal could proceed despite the employee having failed to comply with the Tribunal’s orders.

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Capability, dismissals and reasonable adjustments - Out in the parking lot

Mrs Donnelly worked for the Environment Agency for quite a while; she was employed on a flexitime contract. Towards the end of her time there she was disabled by osteoarthritis and spondylitis and found it difficult to walk far. This meant she had to change roles. She was offered a temporary role as an alternative, but she only did it for two weeks before going off sick with stress. She had a number of concerns about that change in role and her employment, but at the heart of a long tribunal claim was  the trouble she had getting a parking space close to her office, an email she alleged was harassment, and her ultimate dismissal for lack of capability. She was successful in all those claims in an Employment Tribunal; the Agency appealed (The Environment Agency v Donnelly).

Continue reading Capability, dismissals and reasonable adjustments - Out in the parking lot

TUPE - Ch-ch-ch-changes

Draft regulations for the forthcoming TUPE reforms have been published. The changes they are intended to make are:

Continue reading TUPE - Ch-ch-ch-changes
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