Labour & European Law Review
07 August 2019
After a year-long inquiry into the way the Equality Act is enforced, the Women and Equalities Select Committee has concluded that it is no longer fit for purpose (...).
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” (...).
Even if they do not have actual knowledge that an employee has a disability, employers can be held to have constructive knowledge of one. In Kelly v Royal Mail Group Ltd, the Employment Appeal Tribunal held that the employer could not be held to have constructive knowledge that their employee was disabled, not least because four medical reports and Mr Kelly himself said he was not (...).