Following the much awaited Supreme Court decision in the Harpur Trust v Brazel holiday pay case, we consider the implications for calculating holiday entitlement and pay for atypical workers. Harpur Trust v Brazel Holiday Pay Decision Back at the beginning of this month we announced the Supreme Court decision in the Harpur Trust v Brazel
Employment Law Updates
Zero Hours Contracts and Worker Status Reforms Stuck in the Mire
There appears to have been very little movement on zero hours contracts and worker status reforms despite various consultations, published reviews, policy papers and the mention of a new Employment Bill in the 2019 Queen’s Speech. The Good Work Plan On 17 December 2018, the government published its policy paper, the Good Work Plan. This
Agencies Allowed to Supply Temporary Workers to Cover Striking Workers
New UK regulations allow Agencies and Employment Businesses to supply temporary workers to cover workers taking industrial action. Revocation of Regulation 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 On 21 July 2022, the Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2022 (SI 2022/852) (the Regulations) and the Liability
Women and Equalities Committee Calls for Menopause to be a Protected Characteristic
Despite the calls from various charities and a recently published report from the House of Commons Women and Equalities Committee (WEC), legislative reform looks unlikely. A recent survey undertaken by the Fawcett Society, a charity campaigning for gender equality and women’s rights, which was commissioned by Channel 4 for use in its documentary ‘Sex, Myths
UK Data Protection Reforms via the Data Protection and Digital Information Bill
Since its introduction in May 2018, the GDPR (General Data Protection Regulations) have been a complex and burdensome piece of legislation that many UK employers have struggled with but with the freedoms afforded to the UK in a post-Brexit environment, the UK Government has seized the opportunity to update and simplify the UK GDPR and
Percentage Method for Calculating Holiday Pay Ruled Unlawful
The Supreme Court decision in Harpur Trust v Brazel has major implications for thousands of employers, changing the way holiday pay is calculated for staff who work irregular hours on permanent contracts. On 20 July 2022, the Supreme Court delivered its judgment in Harpur Trust v Brazel, rejecting Harpur’s appeal and upholding the decision of
Managing Staff Absence Effectively & Legally
We look at the issues arising from both short-term and long-term absences and the steps employers can take to manage staff absence effectively and legally. In the UK, the total economic cost of sickness absence, lost productivity through worklessness, and health-related productivity losses, are estimated to be over £100bn annually. Incapacity for work is generally understood to mean
Getting Hybrid Working Right – A Guide for Employers
Hybrid working is on the rise across the UK following the Covid-19 pandemic but are employers ready to address the range of legal and practical issues it creates? What is Hybrid Working? Typical hybrid work arrangements allow employees the flexibility to alternate between working in the office or remotely giving them the independence to choose
Long Covid IS a Disability Says the Employment Tribunal
An employment tribunal has determined that an employee with long COVID symptoms was disabled within the meaning of section 6 of the Equality Act 2010 (EqA 2010). At the beginning of June and with a suspected 1.8 mission people in the UK estimated to be experiencing Long Covid Symptoms, we considered whether Long Covid is
Is Long COVID a Disability Under the Equality Act?
1.8 million people in the UK are estimated to be experiencing long COVID symptoms by the latest Office of National Statistics (ONS) COVID-19 Infection Survey, but how many are likely to be considered to be disabled under the Equality Act 2010? According to the latest Office of National Statistics (ONS) COVID-19 Infection Survey, based on self-reported