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News & Blog

Category Archives: Employment

Statutory Holiday Pay and Commission

The Court of Appeal has finally made a decision in the case of British Gas Trading Limited –v- Locke & Another. The Court of Appeal has held that statutory holiday pay must include an element of result based commission. This …

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Holiday Pay and Commission

The long awaited decision in a case of British Gas Trading v Locke & Another in the Court of Appeal has been handed down and employers in certain sectors are now counting the cost of what this means to their …

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Employment Law Newsletter – June 2016

Welcome to our June 2016 Employment Law newsletter, keeping you up to date with changes in employment law and informing you of recent case law developments. CASE LAW DEVELOPMENTS Religious Discrimination In the case of Wasteney –v- East London NHS …

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Employment Agency Amendment Regulations

From 8th May 2016, the conduct of employment agencies and businesses is governed by the Conduct of Employment Agencies and Employment Business (Amendment) Regulations 2016 which updates the same Regulations of 2003.  The main change is the removal of the …

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Trade Union Act

The Act received Royal Assent on 4th May 2016. It provides the various provisions including: The requirement for at least 50% turnout in votes for industrial action to take place. In certain public services an additional threshold of 40% of …

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Consultation on Tipping

The Government has launched a consultation paper setting out it’s proposals for the handling of tips and services charges.  The proposals include: – Introducing a statutory provision to increase employer compliance. Improving transparency for consumers so that it is clear …

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Enforcement of Tribunal Awards and Settlements

BIS has published its form for claiming penalties from employers for non-payment of Tribunal awards or settlements. Where a claimant has not been paid any sums under a settlement or Tribunal award, they can ask BIS to issue a penalty …

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Working Time Regulations Rest Breaks

This was a cheeky claim by an employee at Higher Level Care Limited.  A Ms Santos Gomes claimed compensation for injury to feelings for not being allowed rest breaks under the Working Time Regulations. Although the claimant won compensation following …

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Indirect Religious Discrimination

The EAT in Pendleton –v- Derbyshire County Council has  held that it was indirect religious discrimination to dismiss a teacher for refusing to leave her husband after his conviction for sex offences.  The claimant had been a longstanding teacher with …

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Mutuality of Obligation

The Court of Appeal in Secretary of State for Justice –v- Windle and Arada had to decide whether account should be taken of the absence of mutuality of obligation when deciding whether an individual was an employee for the purposes …

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