Summary:  Are workers who are denied holiday pay, but take unpaid leave, entitled to a payment in lieu on termination where the claim would otherwise be out of time? No, says the EAT in Smith v Pimlico Plumbers available here. Background:  In King v Sash Windows the CJEU held that workers denied annual leave (including…
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What do we already know? We updated you in our February 2019 Newsletter Case update (2): Equal pay – Comparators on the Court of Appeal’s decision in Brierley and others v ASDA Stores Ltd that the ASDA store worker claimants were entitled to compare themselves with depot workers in distribution centres. ASDA appealed to the…
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What do we already know? We updated you in our April Newsletter Government reforms (2): April changes – are you ready? that from 6 April 2020 the period over which average holiday pay is calculated for employees without normal working hours, or who have variable remuneration, is being extended from 12 to 52 weeks. What’s…
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The Government has updated its guidance on holiday entitlement (available here). It explains how to work out statutory holiday entitlement for a worker who works a full leave year, and calculating holiday for staff that start or leave part way through the year. The Government has also published an Excel holiday calculator (available here), which…
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What do we already know? We mentioned in our October 2018 Newsletter (Government Reforms (3): Top tips for staff) that the Government intended to introduce new legislation to ensure that tips left for workers would go to them in full. What’s new? In the Queen’s Speech on 14 October 2019, it was announced that the…
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What do we already know? We updated you in our March 2018 Newsletter Case update (2): Happy holidays! Pay for term-time workers that the EAT had decided in Brazel v The Harpur Trust that holiday pay for staff who work irregular hours should be calculated using the standard 12-week reference period required under the Working…
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What do we already know? In our February 2019 Newsletter Government reforms (1): Family friendly – protection against redundancy we updated you that the Government had published a Consultation, Pregnancy and Maternity Discrimination: Consultation on extending redundancy protection for women and new parents.  The Consultation asked for views on what changes could be made to the current…
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Summary:  Does a gap of more than three months break a ‘series of deductions’ in an unlawful deduction from wages claim? No, held the Court of Appeal in Northern Ireland (‘NICA’) in Chief Constable of Northern Ireland Police v Agnew available here. Background:  Under Article 7 of the Working Time Directive (WTD), EU Member States…
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1. Tackling Gender Inequality The Government Equalities Office (GEO) has published Gender equality at every stage: a roadmap for change (available here), which sets out the Government’s proposals to tackle key drivers of gender inequality. The key proposals to tackle gender inequality include: 1.1 Strengthening equality legislation A consultation on the effectiveness of workplace sexual…
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The Government Equalities Office has published guidance (available here) for employers on actions they can take to promote women’s progression in the workplace and close the gender pay gap. The guidance focuses on: creating an inclusive culture; supporting women’s career development; progression for part-time workers; improving recruitment and promotion processes; and measuring and evaluating policies…
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