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HOLIDAY PAY BASED ON OVERTIME

David Gray-Jones Saturday, November 1, 2014

There has been extensive coverage in the media of the judgment of the Employment Appeal Tribunal which has held that under the Working Time Regulations 1998 workers were entitled to holiday pay based on their normal pay, including any overtime ( Bear Scotland Limited and others v Fulton and Hertel (UK) Ltd and Amec Group Ltd v Woods and Law UKEATS/004713, UKEAT/0160/14, UKEAT/0161/14). The effect of the judgment is that employees are now entitled to receive holiday pay based on all the hours...

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No Obligation on Employers to make Reasonable Adjustments For Disabled Relatives of Employees

Meredith Hurst Monday, June 16, 2014

The Court of Appeal has held that the provisions of the Equal Treatment Directive and the Equality Act 2010 do not require employers to make reasonable adjustments for an employee who is not disabled but who claims that reasonable adjustments should be made by the employer to accommodate difficulties in the workplace caused for them by their association with a disabled person. Under section 20(3) of the Equality Act 2010 an employer is under a duty to make "reasonable adjustments" where a...

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Creating a precedent

Meredith Hurst Wednesday, April 30, 2014

Employers should beware about creating a precedent that certain payments will be made. The recent Employment Appeal Tribunal case of Peacock Stores -v- Peregrine & Ors  provides this stark reminder.  In this case, the employer had over a number of years consistently paid redundancy payments based on statutory terms but without applying the statutory cap on either years of service or the amount of a weekly wage.  When the employer sought to pay the...

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Mandatory ACAS Early Conciliation - Will it work?

Meredith Hurst Wednesday, April 30, 2014

Early conciliation via ACAS will be mandatory from 6 May 2014.  The aim of the mandatory early conciliation procedure is to try to avoid Tribunal proceedings by settling claims before they are commenced. The new mandatory procedure will mean that those wishing to bring an Employment Tribunal claim (although there are some exceptions) must have first contacted ACAS.  A prospective claimant will be barred from bringing their claim unless they have received an Early...

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Are small organisations obliged to follow an independent disciplinary appeal panel's findings?

Meredith Hurst Wednesday, April 30, 2014

A problem facing employers with a small management team is that there is often not enough managers available for separate managers to conduct a disciplinary hearing and an appeal hearing.  An independent HR consultant can often be the answer to conduct either the disciplinary or the appeal hearing or both.  But what happens if the employer disagrees with the finding of the independent appeal?  This was the issue in the case of Kisoka v...

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