As the Easter holiday comes around once again, thoughts of summertime and distant beaches aren’t far from our minds. A couple of days here, a fortnight there, and then there’s Christmas to contend with; before long those precious holidays are all used up. But what’s the law surrounding annual leave? How much pay are we really entitled? The law governing holiday pay has recently had a shake-up, so let’s take a look at the impact.

Lock vs. British Gas Trading Ltd.

The employment tribunal’s decision in Lock vs. British Gas Trading Ltd. held that in calculating holiday pay, the Working Time Regulations 1998 (WTR) should be interpreted so as to include commission in holiday pay in respect of the four week’s annual leave entitlement, in accordance with the EU Working Time Directive (the Directive). But what exactly does this mean?

The Facts (In Plain English)

Mr Lock brought a case before an employment tribunal for unlawful deduction of wages when he realised that his employer had failed to take into account his commission when calculating his holiday pay. The commission Mr Lock earned amounted to around 60% of his overall wages, meaning that when his employer failed to take it into account when calculating his holiday pay, he was left at a financial disadvantage.More...

With the British economy on the road to recovery, it’s no surprise that we’ve seen a significant increase in the number of jobs being advertised. But employers trying to fill vacancies should beware – discrimination claims could be lurking before you’ve read a single application!

The Equality Act 2010 not only protects employees against discrimination in the workplace, but also any potential applicants. That’s why it’s vital that employers take care over what they say in their advertisements.

Avoid Discrimination Claims

Inappropriate wording could bear the risk of a discrimination claim being brought against employers. For example, placing an advert for a ‘waitress’ could bring a claim for sex discrimination as it may deter men from applying, whereas advertising for ‘waiting staff’ would eliminate such risk. Other examples include advertising for an Italian, rather than someone ‘Italian speaking’ to avoid race discrimination, and avoiding words like ‘youthful’ and ‘mature’ to avoid age discrimination.More...

Gearing up to Dismissal

Last week marked yet another media circus surrounding Top Gear presenter Jeremy Clarkson, who was suspended following reports that he’d hit producer Oisin Tymon after a day’s filming in North Yorkshire. The BBC launched an internal investigation into the ‘fracas’ on Monday but the findings are still pending.

Whatever the result, it’s vital that Clarkson is dealt with in accordance with the ACAS Code to make sure that the Beeb don’t end up with more than a Red Nose on their faces. 

The ACAS Code

The ACAS Code was designed to put in place clear guidance for both employees and employers when a disciplinary or grievance issue raises its ugly head. It’s user friendly and an easy read – not like most employment legislation.More...

For many businesses, the introduction of settlement agreements has offered precious flexibility to their workforce and also protected them against the threat of potential future legal action. Likewise, for employees, it offers an opportunity to resign on their terms – with a severance payment that suits their situation. 

However, there are times when employees shouldn’t have to sign a settlement agreement: More...

Absenteeism in the workplace can be a difficult issue to negotiate. Treat it too lightly and you risk being taken advantage of, but putting undue pressure on an employee to return to work could result in a damaged working relationship or worse.

Whilst to your employees ‘pulling a sickie’ may seem harmless, the cumulative costs of absenteeism in the workplace is staggering. In fact, the estimated cost to the British economy of absenteeism is £14 billion a year, according to a recent joint report from Pfizer & the Confederation of British Industry.

Unfortunately, closer to home, it seems that workplace illness is a growing problem. Last week we heard that at Neath Port Talbot County Council, sickness targets are not being met. Head of Corporate Strategy and Democratic Services, Karen Jones, confirmed that levels of absenteeism at the Local Authority had increased by 1.2% over the past year.

What Can Be Done to Reduce the Negative Impact of Absenteeism?

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