Labour and European Law Review

The law states that agency workers are entitled to the same basic working conditions as employees after 12 weeks’ employment in the same job. In Kocur v Angard Staffing Solutions Ltd and Royal Mail Group Ltd, the Court of Appeal held that agency workers are not, however entitled to the same standard hours of work as permanent employees.

02 October 2019

Where an agency and hirer are held equally liable for infringing the right to equal pay under the Agency Worker Regulations 2010, the Court of Appeal has held in London Underground Ltd v Amissah and ors that it would only be just and equitable in “exceptional” circumstances for a tribunal to order a hirer to pay less than the amount apportioned to them for the breach (...).

17 April 2019

The law defines an agency worker as someone who works “temporarily” for a hirer. In Brooknight Guarding Ltd v Matei, the Employment Appeal Tribunal held that an individual on a zero-hours contract can also be an agency worker if their position can be shown to be temporary (…).

17 October 2018

Courts will only imply a contract on the ground of necessity in certain circumstances. In Smith v Carillion the Court of Appeal held that, even in the case of a blacklisted worker, the question for courts was whether it was necessary to imply a contract between the worker in question and the end user by looking at how the parties conducted themselves.

06 May 2015

The business secretary Vince Cable last week referred evidence of ongoing blacklisting of trade unionists at a major building project to the Information Commissioner’s Office.

01 August 2013

Following complaints by the GMB and human rights group Liberty about the failure to act against firms found to have been blacklisting trade unionists, the deputy Information Commissioner has said that there is nothing more his office can do.

06 September 2012

Although directors of a limited company cannot be held liable for inducing breach of contract if they are acting lawfully, the High Court has held in Antuzis and ors v DJ Houghton Catching Services and ors that they can be held liable if they were aware that their actions would have the effect of breaching their employees’ contract.

12 June 2019

Although there may be a legitimate public interest in the disclosure of certain information in order to ascertain whether large firms are fulfilling their social and moral duties towards their staff, the High Court held in Linklaters LLP and anor v Mellish that it could not justify disclosing sensitive confidential information which others had a legitimate interest in keeping confidential (...).

03 April 2019

Employees who have affirmed a breach of contact can resign and claim constructive dismissal if there is a subsequent breach. In Brown and anor v Neon Management Services Ltd and anor, the High Court held that employees who were working out their notice could still claim constructive dismissal after their employer committed further breaches during the notice period (…).

17 October 2018

In the current climate of austerity and mass redundancies in both the public and private sectors, employers will often look for reasons other than redundancy to dismiss employees to avoid paying a redundancy payment.

05 September 2012

It is important for employers to be consistent in a redundancy situation when deciding whether they can offer alternative employment instead of dismissing the employee.

27 August 2012

According to a report published this month by The Work Foundation, employers are underusing workers’ skills, resulting in lost productivity both for businesses and the economy as a whole.

26 January 2012

Breach of contract claims that are heard by tribunals are subject to a cap of £25,000. The Employment Appeal Tribunal has held in Ugradar v Lancashire Care NHS Foundation Trust that where an employee brings a claim for both contractual and statutory redundancy payments, when the £25,000 cap applies, statutory redundancy is not included within the cap and statutory redundancy pay should be awarded in addition to the £25,000 maximum (...).

06 November 2019

When calculating injury to feelings in order to decide on the level of an award to a claimant, tribunals have to decide which of the “Vento bands” are appropriate. In Komeng v Creative Support, the Employment Appeal Tribunal held that there is no hard and fast rule that the lowest band should only be applied in situations where the act of discrimination or harassment was a one-off (...).

17 October 2019

The Court of Appeal has held in MacKenzie v The Chancellor, Masters & Scholars of the University of Cambridge that the remedy for non-compliance with a tribunal order for re-engagement is compensation. As there is no right to be re-engaged as such, claimants cannot bring a claim arguing that it has been breached. (...)

28 August 2019

The law says that evidence of pre-termination negotiations is inadmissible except in claims of automatically unfair dismissal or improper behaviour. In Harrison v Aryman Ltd, the Employment Appeal Tribunal considered the proper approach a tribunal should take when determining when the exceptions applied (...).

13 November 2019

The law states that, once the Early Conciliation process has come to an end, claimants have one month in which to lodge their tribunal claim. In Pearce v Merrill Lynch, the Employment Appeal Tribunal held that if the claimant has not adhered to the three-month time limit in which to submit their claim, they cannot then benefit from the one-month extension (...).

23 October 2019

Conciliation service ACAS has just published its annual report recording a rise in demand for early conciliation by over 20 per cent compared with the year before (...).

31 July 2019

The Supreme Court has held in Tillman v Egon Zehnder Ltd that if a restraint of trade clause in an employment contract is too broad, the offending words can be severed from the clause with the result that the rest of it can still be enforced. However, courts need to ensure that, by virtue of severing the words, the overall effect of the clause does not change.(...)

11 September 2019

The Employment Appeal Tribunal has held in Lozaique v Tesco Stores Ltd that just because a collective agreement is incorporated into an individual contract of employment, tribunals should not automatically assume that all terms are therefore incorporated. Instead, they need to consider whether each individual term of the agreement is apt for incorporation or not (...).

31 July 2019

The Employment Appeal Tribunal has held in Bluestones Medical Recruitment Ltd v Swinnerton that it is necessary for tribunals to carry out a detailed assessment and make clear findings of fact when deciding whether a discretionary bonus has been varied by custom and practice to become a contractual entitlement (...).

26 June 2019

The Limitation Act says that contract and statutory claims to recover sums taken as unauthorised deductions from wages are limited to six years from when the claim is brought, unless another statutory period of limitation applies (,,,).

28 November 2019

The Court of Appeal of Northern Ireland has held, in Chief Constable of the PSNI and anor v Agnew and ors, that contrary to the decision in Bear Scotland v Fulton a series of deductions regarding holiday pay is not broken by a gap of three months or more where there is a "sufficient similarity of subject matter, such that each event is factually linked with the next...in the alleged series [of deductions]...”.

21 August 2019

The law says that tribunals can only hear breach of contract claims on termination of employment. In the conjoined case of Agarwal v Cardiff University and Nexus v Anderson and ors, the Court of Appeal held that tribunals can hear unlawful deduction of wages claims, even if they involve construction of the claimant’s contract of employment.

21 November 2018

When bringing a claim of discrimination, workers who are not employees or apprentices have to show that they are working under a contract personally to do work. In Town and Country Glasgow Ltd v Munro, the Employment Appeal Tribunal held that if the worker’s role can be performed by someone else, then they cannot be said to have a "contract personally to do work" (...).

18 December 2019

In order to bring a claim of discrimination claimants have to show they are “in employment” which covers workers and those who perform work personally. In Community Based Care Health Ltd v Narayan, the Employment Appeal Tribunal held that a GP who set up a limited company for payment purposes but who worked regular shifts for a not for profit organisation was “in employment” and a worker.

30 October 2019

The requirement to carry out a task personally is usually an indicator that the person is an employee., The Employment Appeal Tribunal has held in Chatfeild-Roberts v Phillips and Universal Aunts Ltd that just because an individual is permitted to provide a substitute to cover for their days off, does not mean they cannot claim employee status (...).

13 March 2019

Although it is good employment practice for an employee to ask their employer for permission to record a meeting, the Employment Appeal Tribunal has held in Phoenix House Ltd and Anor v Stockman that it is not automatically misconduct to do so. Instead, tribunals have to assess the particular circumstances that apply in each case (...).

25 September 2019

The Court of Appeal has held in North West Anglia NHS Foundation Trust v Gregg that employers do not need to wait until a police investigation has been completed before initiating their own disciplinary procedures unless they do so with the aim of destroying or seriously damaging the relationship with their employee (...).

15 May 2019

Although employers are usually expected to follow a fair process (including holding a meeting with the employee) before dismissing them, the Employment Appeal Tribunal (EAT) held in Hawkes v Ausin Group (UK) Ltd that it is not necessarily unfair not to hold a meeting with an employee before dismissing them for some other substantial reason (...).

28 November 2018

According to a poll by the TUC, most people who voted in the 2019 election want the government to protect and enhance workers’ rights (...).

08 January 2020

According to an analysis into the enforcement of workers’ rights, about one in 20 do not receive their paid holiday entitlement, despite being legally entitled to at least 28 days a year (...).

25 September 2019

The TUC has published a report arguing for greater rights to collective bargaining for workers so that they have more influence over their working lives (...).

11 September 2019

Although normal practice in Scotland is for witnesses to be excluded from the tribunal room unless they have been given permission to be present, the Employment Appeal Tribunal held in E & O Laboratories v Miller that as witnesses are generally entitled under statute to be present, tribunals in England and Wales did not have to comply with the procedure that was normally followed in Scotland (...).

11 December 2019

The Employment Appeal Tribunal has held in Brooks v Nottingham University Hospitals NHS Trust that when considering an appeal against an award for costs, tribunals can take into account whether the claimant relied on legal advice indicating that they had a reasonable chance of success. However, positive legal advice does not automatically protect claimants against an award (…).

04 December 2019

Generally legal advice given to a client is privileged (and therefore confidential) unless it can be shown to have been “iniquitous” or underhand. In Curless v Shell International Ltd, the Court of Appeal held that advice in an email which talked about using the context of a reorganisation to make an employee redundant who was pursuing a tribunal claim was covered by legal privilege (...).

04 December 2019

According to analysis by the TUC, it would take 52 years for the average worker in Yorkshire to earn what one highly paid banker gets as an annual bonus (...).

11 December 2019

Although all relevant organisations have now reported their gender pay gap for 2019, the Equality and Human Rights Commission is now investigating those which submitted “implausible data”. (...)

28 August 2019

The Court of Appeal has held in Graysons Restaurants Ltd v Jones and Secretary of State for BEIS that potential compensation awards arising from equal pay claims can constitute “arrears of pay” under the law. As such, they form debts to be paid from the National Insurance Fund in the event of an insolvency, whether or not the claims still have to be determined (...).

10 July 2019

Although employers can retract a dismissal notice and reinstate an employee, the Employment Appeal Tribunal has held in Jakkhu v Network Rail Infrastructure Ltd that even if it is reversed, the dismissal can still give rise to a detriment under the Equality Act (...).

15 January 2020

According to a survey of European employers, an increasing number are taking steps to improve workplace equality and to support the mental health of their employees (...).

18 December 2019

Section 26 of the Equality Act stipulates that harassment is “unwanted conduct related to a relevant protected characteristic”. The Employment Appeal Tribunal (EAT) has held in Bessong v Pennine Care NHS Foundation Trust that section 26 cannot be interpreted in such a way that it imposes liability on employers for third-party harassment against their employees (...).

11 December 2019

Under Article 8 of the European Convention on Human Rights, individuals have the right to respect for their private life. In López Ribalda and ors v Spain, the Grand Chamber of the European Court of Human Rights held that installing covert surveillance did not violate the privacy rights under Article 8 of former employees caught stealing from their employer (...).

08 January 2020

The Supreme Court has held in P v Commissioner of Police of the Metropolis that police officers must have the right to bring claims of treatment contrary to EU law to a tribunal in order to comply with the principles of effectiveness and equivalence. Likewise, national rules in relation to judicial immunity have to be consistent with EU law.

20 December 2017

The Court of Justice of the European Union (CJEU) has decided in Nogueira and ors v Crewlink Ireland Ltd and Osacar v Ryanair Designated Activity Company (formerly Ryanair Ltd) that, in order to decide where a cabin crew member habitually carries out their work, a number of different factors have to be considered, not just the place that has been designated as their “home base”.

15 November 2017

The government has issued guidance for people looking to return to work focusing on those who have taken a break of over a year for caring reasons (..).

23 October 2019

According to a recent survey, over three quarters of working mothers feel stuck in their current job because of a lack of flexibility offered in other workplaces.

02 October 2019

A new study looking at how families combine work and family life has found that although flexible working is widespread, it remains patchy in some sectors (...).

15 May 2019

For an employer to be held vicariously liable for the actions of their employees, there has to be sufficient connection between their job and the wrongful conduct. In Wm Morrison Supermarket plc v Various Claimants, the Court of Appeal held that there was no exception to the rule of vicarious liability where the employee’s motive was to cause financial or reputational damage to the employer by causing harm to a third party (...)

19 December 2018

A report into workplace surveillance by the TUC has found that most workers believe that they are being monitored by their employer at work (…).

29 August 2018

The law says that if a contract is terminated by notice, then the effective date of termination (EDT) is the date on which the notice expires but if no notice is given, then it is the date on which the termination takes effect. In Cosmeceuticals Ltd v Parkin, the Employment Appeal Tribunal (EAT) held that in a summary dismissal that is communicated to the claimant straight away, the effective date of termination is immediate (…).

21 March 2018

Research by the Health and Safety Executive has found that 12.8 million working days were lost in 2018/19 due to work-related stress, depression or anxiety (...).

28 November 2019

According to analysis published by the TUC, there are now nearly one million night workers aged over 50 in Britain (...).

06 November 2019

According to a recent report, two in five UK workers (39 per cent) have experienced symptoms of poor mental health related to their work in the past year.

09 October 2019

When deciding whether to restrict reporting in a case involving allegations of sexual misconduct, the Employment Appeal Tribunal has held in A and B v X, Y and the Times Newspapers Ltd that when carrying out the balancing exercise between the interests of accuser and accused, the principles of open justice must be fully taken into account.

12 June 2019

The European Convention on Human Rights and the UN Guiding Principles on Business and Human Rights place duties on the State to protect against human rights abuses by businesses and provide access to remedy for victims.

12 April 2017

Britain’s leading equality organisation, the Equality and Human Rights Commission, has warned the government that its Brexit plans reflect a lack of ambition for equality and human rights standards.

29 March 2017

According to figures produced by the Office for National Statistics (ONS), the number of stoppages last year in the UK were the lowest since records began in 1891. The number of workers involved in labour disputes was also the lowest ever recorded. (…).

06 June 2018

Employers are entitled to withhold payment when their employees go on strike, but how should it be calculated?

05 July 2017

The Trade Union Act 2016, which received royal assent on 5 May, represents the most significant changes to the law on industrial action and picketing in a generation.

05 September 2016

The Information and Consultation of Employees Regulations (ICE) require “undertakings” which carry out “an economic activity” to inform and consult with their employees about a wide range of issues. In Advisory, Conciliation and Arbitration Service (ACAS) v Public and Commercial Services Union (PCS), the Employment Appeal Tribunal (EAT) held that ACAS fell within the category of an undertaking that carried out an economic activity, rendering it subject to the regulations. Thompsons was instructed by PCS to act on behalf of their members (…).

15 August 2018

The law says that when an employer proposes to dismiss as redundant 20 or more employees at one “establishment”, they have to consult with the appropriate representatives. In Seahorse Maritime Ltd v Nautilus International, the Employment Appeal Tribunal (EAT) held that the territorial scope of the obligation to collectively consult was dependent on the individual employee’s connection to the UK.

22 November 2017

A poll carried out by the TUC earlier this month has found that workers do not generally feel that they are listened to at work.

15 November 2017

Although tribunals can draw on the experience of panel members when coming to a decision about a case, the Employment Appeal Tribunal held in Commerzbank AG v Rajput that they cannot independently decide that a claim has emanated from stereotypical assumptions without prior notice having been given to the parties and witnesses, as that is a type of specialist knowledge which has to be disclosed in advance (…).

18 September 2019

In the conjoined appeals of Ali v Capita Customer Management Ltd and anor and The Chief Constable of Leicestershire Police v Hextall and anor, the Court of Appeal has held that it is not discriminatory to pay men on Shared Parental Leave less than women on maternity leave (...).

24 July 2019

A report by a consultancy company has found that only a small minority of employers are in a position to comply with a Bill currently making its way through parliament (...).

27 March 2019

According to research published by the Resolution Foundation, an independent think tank, the minimum wage needs to be enforced more rigorously in order to reduce rising levels of underpayment by employers (...).

15 January 2020

As a worker’s employment does not cease in the event of a TUPE transfer but transfers over to the transferee, the Employment Appeal Tribunal held in Mears Homecare Ltd v Bradburn and ors that the obligation on the employer to maintain records with regard to the national minimum wage and to produce those records when requested to do so, also transfers over.

02 October 2019

The New Economics Foundation has produced a report arguing that increased holidays and wages for the lowest paid can increase demand and productivity (...).

21 August 2019

Although women are saving more for their retirement than ever, men benefit on average from an additional £78,000 in their pension pot at retirement (...).

04 December 2019

In Secretary of State for the Home Department and ors v Sargeant and ors (heard jointly with Lord Chancellor and ors v McCloud and ors), the Court of Appeal has held that the government was not pursuing a “legitimate aim” when it introduced transitional pension arrangements (...).

20 February 2019

The Supreme Court has held In the matter of an application for judicial review by Denise Brewster that the requirement for a cohabiting partner to be nominated by a scheme member in order to be eligible for a survivor’s pension cannot be objectively justified.

12 April 2017

The conciliation service ACAS has produced a new report showing that two thirds of workers in the UK have felt stressed or anxious about work over the last year (...).

22 May 2019

Although employers can be held vicariously liable for their employees’ conduct, it has to be closely connected with the acts that the employee was authorised to do. In Bellman v Northampton Recruitment Ltd, the Court of Appeal held that that an assault committed at a drinks event following a company party could be said to have been carried out in the course of the employee’s employment (...).

12 December 2018

The law states that the first £30,000 of any payment made on termination of employment is exempt from tax, but what about payments made for injury to feelings? In Moorthy v HM Revenue and Customs (HMRC), the Court of Appeal held that payments for injury to feelings in the context of an age discrimination claim were exempt from tax but that any awards should be modest (…).

25 July 2018

The Employment Appeal Tribunal (EAT) has held in Kostal UK Ltd v Dunkley and ors that employers cannot go over the heads of unions recognised for collective bargaining purposes and make offers directly to the workforce, if the purpose and effect is so that the workers’ terms will not be determined by collective agreement negotiated by the union.Thompsons was instructed by Unite the Union’s Strategic Case Unit to act on behalf of its members. (…).

28 February 2018

When considering an application for union recognition in Independent Workers’ Union of Great Britain v RooFoods Limited T/A Deliveroo, the Central Arbitration Committee (CAC) held that, as the drivers had a genuine right to substitute which operated in practice, they could not be workers under section 296 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).

31 January 2018

The law states that unions can request recognition for collective bargaining purposes if the proposed bargaining unit is deemed to be “appropriate”

28 June 2017

The law states that, when making someone redundant, employers must notify their employee that their current contract is being terminated. The Employment Appeal Tribunal held in East London NHS Foundation Trust v O’Connor that notifying someone that their post is to be deleted does not amount to notification of termination of their contract (...).

18 December 2019

The Equality Act 2010 states that it is discrimination to treat a woman unfavourably because she is on maternity leave. In SW Yorkshire Partnership NHS Foundation Trust v Jackson and ors, the Employment Appeal Tribunal held that sending an urgent email to a woman on maternity leave to a work email address that she could not access constituted unfavourable treatment (...).

01 May 2019

The Employment Appeal Tribunal has held in George v London Borough of Brent that, given that the Council had conceded that the failure to offer a trial period was unlawful, it was hard to understand how the tribunal could then conclude that the claimant’s dismissal was “fair and reasonable” (...).

27 March 2019

Social media refers to online networks that enable individuals to share and exchange an extremely broad range of information and ideas, the most well-known being Facebook, Twitter and LinkedIn.

17 March 2016

Although employees have a right to use social media, the Employment Appeal Tribunal (EAT) held in Game Retail Ltd v Laws that it has to be balanced with their employers’ need to minimise any risk to their reputation from communications that could be read by customers and other employees.

18 February 2015

The growing use of social media has inevitably raised questions about whether employees who post their political or religious views on their Facebook page can be found to have brought their employer into disrepute.

07 March 2013

The Court of Appeal has held in Kostal UK Ltd v Dunkley and ors that it is not against the law for an employer to go over the head of a union recognised for collective bargaining purposes and make an offer directly to the workforce if the employer’s aim is just to ensure that a single term is not determined by collective agreement on a one-off basis (...).

14 August 2019

According to recent government figures, the number of people who were trade union members rose by just over 100,000 to a total of 6.35 million in 2018.

12 June 2019

Although communication between a lawyer and their client is covered by legal professional privilege (and therefore does not have to be disclosed to a court), the same principle does not apply between a member and their union. However, in Dhanda v TSB Bank, the Employment Appeal Tribunal (EAT) held that although this communication is not privileged, it is still confidential and should only be disclosed when necessary to fairly dispose of the proceedings (…).

28 March 2018

Although a dismissal under the Transfer of Undertakings (Protection of Employment) Regulations 2006 can be fair for economic, technical or organisational reasons, the Court of Appeal held in Hare Wines Ltd v Kaur and anor that there is no category in law whereby it is fair to dismiss an employee for personal reasons relating to a transfer. More …

24 April 2019

The Employment Appeal Tribunal has held in Nicholls and ors v London Borough of Croydon that if a public health commission team was an “economic entity” under the Transfer of Undertakings (Protection of Employment) Regulations 2006, the tribunal needed to explain why it did not constitute a relevant transfer under the regulations (...).

05 December 2018

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006, employers cannot vary a contract if the reason for the variation is the transfer. In Tabberer and ors v Mears Ltd and ors, the Employment Appeal Tribunal held that employers can, however, vary a contract if the relevant contractual term is outdated and unfair (...)

07 November 2018

A parliamentary committee has said that companies should have an employee representative on their remuneration committees to keep a lid on excessive executive pay levels (...).

03 April 2019

New pay ratio regulations introduced by the government which came into force at the beginning of January mean that companies are now required to justify the pay of top bosses (...).

16 January 2019

A group of equality organisations and human rights experts, including the Equality and Human Rights Commission (EHRC), has warned the government that the EU (Withdrawal) Bill will not protect workers’ rights.

24 January 2018

In order to succeed in an application for interim relief, employees have to show that they are “likely to succeed” in their substantive complaint. The Employment Appeal Tribunal held in Hancock v Ter-Berg and ors that that test applies to “each and every issue” that might be relevant in terms of deciding the claim of unfair dismissal (...).

08 January 2020

The Employment Appeal Tribunal has held in Upton-Hansen Architects Ltd v Gyftaki that, when faced with a claim for constructive dismissal, employers cannot just issue a generic denial of the claim. Instead, as the onus is on them to identify the reason for dismissal, they must make clear the potentially fair reason that they relied on for dismissing the person (...).

17 October 2019

Tribunal claims usually have to be presented within three months less one day of the effective date of dismissal. In Lowri Beck Services Ltd v Brophy, the Employment Appeal Tribunal held that it had not been reasonably practicable for the claimant to lodge his unfair and wrongful dismissal claim on time as he had genuinely misunderstood the date when he was dismissed. (...)

28 August 2019

The law says that an employee who has the right to work in the UK because they are married to a national from the European Economic Area does not have to produce evidence of it. In Badara v Pulse Healthcare Ltd, the Employment Appeal Tribunal confirmed that the tribunal was wrong to conclude that a claimant with the right to work under the relevant legislation could be required by his employer to produce evidence of it before allowing him to work (...).

15 January 2020

Research by the charity Oxfam has uncovered a range of human rights abuses on farms linked to major European supermarkets (...).

17 October 2019

Under immigration rules, only employers face a penalty and/or criminal sanctions if they knowingly employ someone who does not have leave to remain in the UK.

09 October 2019

When claiming unfair dismissal for making a protected disclosure (blowing the whistle), claimants have to show a “reasonable belief” that it was made in the “public interest”. In Okwu v Rise Community Action the Employment Appeal Tribunal held that the issue for tribunals was not whether the information disclosed was true but whether the claimant reasonably believed it to be in the public interest (...).

23 October 2019

For a whistle-blowing claim to succeed, the worker has to show that they had a “reasonable belief” that the disclosure was in “the public interest”. In Dray Simpson v Cantor Fitzgerald Europe, the Employment Appeal Tribunal held that the claimant’s complaints about commission payments could not be said to engage the public interest but rather were motivated by his own self-interest (...).

04 September 2019

Even though a worker has made a protected disclosure (blown the whistle), the Employment Appeal Tribunal held In Uwalaka v Southern Health Foundation NHS Trust they will not necessarily be deemed to have suffered a detriment just because they were subsequently suspended, if the facts show that the suspension was the result of an unrelated allegation (...).

22 May 2019

Under the Employment Rights Act, workers have the right not to be subject to a detriment or dismissal if they refuse to comply with a requirement imposed on them by their employer in contravention of the Working Time Regulations. In Pazur v Lexington Catering Services Ltd, the Employment Appeal Tribunal held that workers must communicate that refusal to their employer in order to be protected by the legislation (...).

06 November 2019

The Court of Appeal has held in The Harpur Trust v Brazel and anor that, when calculating holiday pay for a “part-year” worker on a permanent contract, employers cannot apply the pro rata principle. Instead, they have to apply section 16 of the Working Time Regulations which states that workers are entitled to be paid on the basis of their average earnings over a 12-week period prior to them going on leave.

09 October 2019

It is well established in law that workers are entitled to be paid “normal remuneration” when their holiday pay is calculated. In Flowers and ors v East of England Ambulance Trust, the Court of Appeal held that holiday pay should also include voluntary overtime that is sufficiently regular and settled when calculating “normal remuneration” as opposed to overtime that is “exceptional and unforeseeable” (...).

07 August 2019

According to research by the TUC, workers on zero-hour contracts are more likely to do night shifts and to be paid less than other workers (...).

20 February 2019

A bill eliminating zero-hours contracts and providing greater protection for workers in precarious work is due to have its second reading in parliament tomorrow.

17 January 2018

A new TUC poll has found that the reason that so many workers remain on zero-hours contracts is because it is the only type of work available to them.

13 December 2017