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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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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What do we already know? We updated you in our July 2017 Newsletter Government reforms (1): Employment status – Taylor Review that the Taylor Review of Modern Working Practices had been published.  The Taylor Review made detailed recommendations for reform of UK employment law in respect of those who are not engaged as traditional employees, both in…
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What do we already know? We updated you in our November 2017 Newsflash Uber drivers are ‘workers’ and our November 2017 Newsletter Case update (1): Uber drivers are ‘workers’ on the EAT’s decision that drivers who provide services to the online taxi firm, Uber, are ‘workers’, rather than self-employed. We also told you that Uber…
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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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What do we already know? We updated you in our July 2017 Newsletter Government reforms (1): Employment status – Taylor Review that the Taylor Review of Modern Working Practices had been published which focused on the importance of quality work: “fair and decent work with realistic scope for development and fulfilment” for all.  The Review…
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What do we already know? We updated you in our November 2017 Newsflash Uber drivers are ‘workers’ on the EAT’s decision that drivers who provide services to the online taxi firm, Uber, are ‘workers’, rather than self-employed. What’s new? We promised you further detail on this case so here it is… Summary:  When Uber drivers…
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What do we already know? We updated you in our November 2016 Newsflash Uber drivers are ‘workers’ on the Tribunal’s decision that drivers who provide services to the online taxi firm, Uber, are ‘workers’, rather than self-employed. Uber appealed the Tribunal’s decision to the EAT. What’s new? The EAT has upheld the Tribunal’s decision that…
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What do we already know? We updated you in our February 2017 Newsletter Government reforms (3): Employment status – reviews on the Taylor Review (launched in November 2016) which has been set up to work towards resolving the complexity of employment status. What’s new? The Taylor Review of Modern Working Practices (the Review) was published earlier this…
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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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