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Breaking news: holiday pay must include commission
The decision in Lock v British Gas Trading Ltd has been handed down today confirming that holiday pay must be calculated to include commission payments too. This represents the latest development in...
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Egg-straordinary case… just in time for Easter
Every now and again, a case comes along which is interesting because of its topical timing and because of the debate it causes as to whether we would have come to the same conclusion… This is exactly...
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Diabetic and disabled?
The Employment Appeal Tribunal has held that a bus driver who controlled his type 2 diabetes by avoiding sugary drinks was not disabled for the purposes of the Equality Act 2010. Mr Stoute had been...
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Cameron’s compulsory volunteering
As the general election campaigning gets into full swing ahead of the big vote on 7 May 2015 all of the major parties are pulling moves to attract the attention of voters. It’s fair to say that HR...
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Public issues in personal stories
Jane’s story Jane does love this time of year – spring is in the air, the sun is shining and the politicians (well at least some of them) are talking about prosperity and it’s nearly bonus time. Jane...
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Cranes and confessions: the ‘reasonable investigation’ revisited
Where an employee admits misconduct, what subsequent standard of investigation is required by the employer? This issue was recently revisited by the Employment Appeals Tribunal in a claim for unfair...
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A grand time off!
More rights for time off. That appears to be the theme at least in relation to employment pledges that the main political parties are aiming at. Last week we reported the Conservative party’s pledge...
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Breaking News – Woolworths judgment published
The European Court of Justice has this morning published its decision in the case of USDAW and another v WW Realisation 1 Ltd in liquidation and Ethel Austin Ltd or ‘the Woolworths case’ as it has...
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Money for nothing
Sometimes a case comes along that is interesting and timely. Such a case[1] recently came before the Employment Appeal Tribunal (EAT), which had to consider whether a dismissal of an employee was fair...
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EU Referendum sparks concerns
It’s only been a matter of weeks since the General Election and the promise of an EU Referendum is still two years away yet already the CBI is encouraging companies to speak out against the prospect...
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Exclusivity banned but what’s next?
On 26 May 2015 rules banning exclusivity clauses in zero-hours contracts came into force. This means that any provision in a zero-hours contract which prohibits the employee from working elsewhere...
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Be careful what you ‘dismiss’ for!
“The commonest form of failure” (it is often said) “is forgetting what you’re trying to do”. So it’s worth taking careful note of a case that recently considered the question of whether an employer...
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Just not cricket: dealing with difficult employees
This week and next, the England cricket team will be competing in the series of five one-day internationals against New Zealand. Whatever the outcome of this series, there is one certainty: Kevin...
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Claims set to surge? Maybe… for 2-weeks
The next two weeks is likely to see the sharpest increase in the number of claims being submitted to the Employment Tribunal than at any time since the introduction of the fees regime back in July...
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The battle of the protected characteristics continues
We have seen many recent news reports regarding gay rights apparently ‘trumping’ those relating to religion and/or belief when individuals have expressed or acted upon their religious beliefs. Is it...
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Dress shorts in the sunshine
Two weeks of ‘scorching’ weather is being promised according to the front pages of many newspapers. A prospect that has led to appeals from the TUC for employers to allow staff to dress down and wear...
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Not so resigned to leaving
Words can be funny things sometimes especially when it comes to people resigning from a job. It may appear to be an easy thing to recognise a resignation but in practice many in HR can tell you...
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Sick of holiday cases?
The bad news is that this is yet another blog on a holiday pay case. The good news is that this time it is not about overtime, allowances, commission or any of the other things that now appear to be...
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Legislative reform set to strike at the heart of industrial action?
The Conservative government began to fulfill another manifesto pledge when it introduced the Trade Union Bill to the Commons on 15 July 2015. This Bill proposes the biggest shake up to the laws...
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Have your cake and eat it
Who can resist cake? What about one slice glazed with chocolate and layered with coffee cream? Could you take just one bite? That might sound like some challenge on a TV game show but it’s the...
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