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Latest ruling on holiday pay and commission
24 February 2016The Employment Appeal Tribunal (“EAT”) has confirmed that UK law can and should be interpreted to give effect to the decision of the European Court of Justice (“ECJ”) that results-based commission must be taken into account when calculating workers’ holiday pay (British Gas Trading v Lock).
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New protections for workers on zero-hours contracts
17 November 2015Earlier this year, we reported on the Government’s ban on the use of exclusivity clauses in “zero-hours contracts”. The ban, which came into force in May, renders unenforceable a contractual provision which prohibits an individual working under a zero-hours contract from working elsewhere. The Government has recently proposed new legislation designed to add teeth to the ban, giving employees and workers the right to bring a tribunal claim if they are penalised for working elsewhere.
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A glitch in time – European Court rules on travelling as ‘working time’
11 September 2015The European Court of Justice (“ECJ”) has ruled that, for workers with no fixed or habitual place of work, travelling time to and from the first and last customer appointments of the day should count as “working time” for the purposes of the EU Working Time Directive (“WTD”).
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Remuneration in financial services - new rules on deferral and clawback
29 June 2015New rules on deferral and clawback of variable remuneration are set out in a joint policy statement issued by the Prudential Regulation Authority (“PRA”) and the Financial Conduct Authority (“FCA”). They will apply to variable remuneration awarded for performance periods beginning on or after 1 January 2016.
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Zero-hours contracts – tackling avoidance
19 March 2015Over the past year, zero-hours contracts have never been far from the headlines and, in the run up to the general election, it seems this issue will continue to be a hot political topic.
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Will British Gas ECJ ruling fuel holiday pay hike?
28 May 2014The European Court of Justice (ECJ) recently ruled that the EU law requires a worker’s statutory holiday pay to take commission payments into account: it should not be based solely on basic salary
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Raising the standard of living and ending low pay: passing the buck to employers?
09 October 2013Politicians want a higher standard of living for all, with proposals to end low pay and get more money in more people's pockets. To do this, a range of policy initiatives are being debated that it's hoped will help people with the cost of living and raise living standards, but which will impact employers.
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Online monitoring
10 September 2013In an article for PLC Magazine, Ellen Temperton discusses whether looking up information posted on social media, such as LinkedIn, Facebook or Twitter, or performing a search on an internet search engine, can be used as a basis for rejecting a job candidate, infringe an employee's data protection rights; or permit an employer to dismiss an employee.
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Olympism - a protected belief?
21 August 2012It has now been a while since the stunning Olympic cauldron was extinguished and TeamGB’s most successful ever games drew to a close. But there are signs the Olympic spirit may have permeated the nation, leaving a lasting impression.