Category Archives: Pay & reward

Blog: Riding high

Travelling by plane is an exciting experience for me. I doubt I will ever lose the thrill of take-off and landing. Even though I am technically minded enough to understand how the plane stays in the air, I still feel a bit of childish wonder. My latest journey was brightened by the realisation that we…
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Blog: Top 10 pitfalls in Market Rate equal pay justifications

I’m sure you will be aware of the ‘market rate’ factor which can justify a pay differential between those of the opposite sex whose roles are (or are claimed to be) comparable under equal pay legislation. It’s usually the obvious defence that employers reach for very often and one that they can develop a very…
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Government reforms (1): Gender Pay Gap reporting – the aftermath

What do we already know? Private and voluntary sector employers with 250 or more employees were required to publish a gender pay gap report by 4 April 2018. We kept you up to date on these reporting requirements and how our Gender Pay Gap Audit service could help with this. For an overview of the reporting requirements…
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Case update (2): Happy holidays! Pay for term-time workers

holiday pay
We updated you in our recent March 2018 Newsflash Happy holidays! Pay for term-time workers on the EAT’s decision in the case of Brazel v The Harpur Trust.  The EAT decided that holiday pay for term-time workers should be calculated based on the reference period of the 12 weeks prior to the holiday – not…
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Newsflash: Happy Holidays! Pay for term-time workers

Annual leave
Can the holiday pay rate for term-time workers be legally calculated on the basis of 12.07% of annual pay? No, says the EAT in Brazel v The Harpur Trust, available here. The EAT held that the correct method is to base the rate on a 12-week average of pay from weeks actually worked (so ignoring…
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Government reforms (2): Time to close the gap – Gender pay gap enforcement

What do we already know? We have been keeping you up to date on the Government’s proposals to introduce new gender pay reporting requirements and how our Gender Pay Gap Audit service can help you with this. For an overview of the reporting requirements see our February 2016 Newsletter Government reforms (2): Gender pay – mend the gap!…
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Case update (1): Annual leave and employment status

Annual leave
What do we already know? We updated you in our June 2017 Newsletter Case update (1): Annual leave and employment status on the Advocate General’s Opinion in the case of King v The Sash Window Workshop Limited.  The Advocate General’s Opinion was that a worker should be entitled to carry over untaken holiday when they have…
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Blog: Pay disclosure – good or bad?

Luke Menzies, Director and Specialist Employment Lawyer at Menzies Law
Back in 2010 the new Equality Act outlawed any contractual clause that seeks to prohibit an employee from discussing their pay with a colleague. Nowadays we all need to assume that employees in every type of organisation are potentially discussing and comparing their pay, and it’s only likely to increase, as general awareness amongst workforces…
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Case update (2): Gender pay gap – equal pay case to proceed

What do we already know? We updated you in our October 2016 Newsflash Gender pay gap – Equal pay case to proceed and our November 2016 blog What does ASDA mean for me? on the preliminary Tribunal decision in Brierley and others v. ASDA Stores Ltd that approximately 7,000 current and former ASDA store workers…
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Case Update (1): Annual Leave and employment status

Summary:  Should a worker, misclassified as a self-employed consultant with no facility to take statutory paid holiday, be entitled to carry over the untaken holiday and be paid in lieu on termination of employment? Yes, is the Advocate General’s Opinion in King v The Sash Window Workshop Limited available here.   Facts:  The worker, Mr…
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