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Inclusion of overtime in calculation of holiday pay has its limits

On 4 November 2014 the Employment Appeal Tribunal (EAT) caused quite a stir when it handed down its judgment in Bear Scotland v Fulton (and conjoined cases). In that case the key points of note were as follows: Workers are entitled to be paid monies to reflect normal non-guaranteed overtime as part of their holiday… Read the rest of this post (No Comments)

New this October – changes to employment law

While the extended spell of warm weather appears to have delayed the Autumn the scheduled changes in employment law for October 1 will arrive on time. The Government likes to introduce employment law changes twice in the year, April and October, though this has not always proved possible. The changes this Autumn are not extensive… Read the rest of this post (1 Comment)

No loopholes please

In June 2014 the Government, after an extensive consultation, announced its intention to ban exclusivity clauses in zero hours contracts. In response to the consultation 83% had supported a ban on exclusivity clauses. Also, 71% felt that such a ban would not discourage employers from creating jobs. Respondents to the consultation also felt that the… Read the rest of this post (No Comments)

Flexibility is changing

As of 30 June 2014 there will be changes in the way flexible working requests are to be handled.  There will no longer be a statutory process to be followed.  Having said that, many flexible working requests were granted without going through any formal process.  That may be a reason for change but if it… Read the rest of this post (No Comments)

Early update on early conciliation

Since 6 May 2014, early conciliation has been a compulsory requirement for all workplace disputes heading to the employment tribunal. The stated aim of early conciliation is to try and resolve the dispute quickly and cost effectively, finding a solution that is acceptable to both parties. Anyone proposing to make an employment tribunal claim will… Read the rest of this post (No Comments)

What impact has the introduction of fees in the Employment Tribunal had?

According to the recently issued statistics that compared the period October to December 2012 with October to December 2013 the impact of fees has been huge.  The headline figure showed that there had been a 79% decrease of claims. The introduction of fees on 29th July 2013 was intended to discourage speculative claims but these… Read the rest of this post (No Comments)

Any news on Government’s consultation on zero-hours contracts?

The short answer is not yet. However, Parliament’s Scottish Affairs Committee has published and interim report on zero-hours contracts.  You would think they may be more concerned with the independence vote but apparently they seem to have stolen a march on Vince Cable by publishing their own findings on zero-hours contracts which will contribute the… Read the rest of this post (No Comments)

Increase in penalties for failure to pay the National Minimum Wage

The National Minimum Wage appears to be the flavour of the month.  George Osborne has called for it to be increased, even though it is not his decision, and Vince Cable has announced increased penalties for those who do not pay it. Currently the penalty is calculated at 50% of the total underpayment for all… Read the rest of this post (No Comments)

New ACAS guidance for something that is not all new

The Government has been running a campaign to reduce the amount of “red-tape” that business has to deal with. There is no definition of “red tape” but the thrust of the campaign is to get rid of unwanted regulations. However, the regulations were wanted once and would have not been brought in without a considerable… Read the rest of this post (No Comments)

Unfair dismissal and the range of reasonable responses

When an Employment Tribunal is assessing whether an employer has dismissed someone fairly they must not think what they would have done.  Instead they should look at whether the employer’s decision to dismiss fell within the range of reasonable responses to the circumstances that they faced. It is also the case that an employer should… Read the rest of this post (No Comments)