Holidays

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EAT looks through Sash Window for better view on worker holiday pay claims (UK)

King –v- Sash Window Workshop Company was a particularly difficult European Court of Justice case for businesses in the gig economy.  It suggested that where a worker was not provided with an adequate facility to take the paid leave to which he was entitled by that status under the Working Time Regulations (in particular, because … Continue Reading

Legal Developments Webinar 23 February – your follow-up questions answered, Part 1 (UK)

Thank you to all those who signed up for our “Employment Law in 2021 and Beyond” webinar on 23rd February.  Over 400 people dialled in for the session, so our profuse apologies but maybe little wonder that we did not get to answer all the questions raised.  As promised, here are a couple of the … Continue Reading

Little scope for UK employers to get lost on recovery roadmap

So there it is, Boris’s long-heralded 4 Step plan for the country to move forward into our new future.  Lots of statistics, cautions and caveats, but what does the 60-page “COVID-19 Response – Spring 2021” document presented to Parliament yesterday contain for employers?  Is there anything new or is it, like the paper the original … Continue Reading

Proposals to amend working time protections denied – “public unconvinced” shock (UK)

On Friday last week the Financial Times reported on proposals from the Business Department to “rip up worker protections” under the current Working Time Regulations.  But simultaneously on BBC News online, look, it’s the Business Secretary himself denying on twitter any notion that his department is planning to dilute UK workers’ rights.  The very idea. … Continue Reading

Belgium – new “Corona leave” reduces young parents’ suffering

In a previous blog, we mentioned in mildly critical tones that the Belgian government still hadn’t issued a regulation on a proposed special “Corona leave” for young parents struggling to balance (home)work and the care of their children. It could just be coincidence, obviously, but the very next day the government reached agreement on the … Continue Reading

HMRC quizzed by Parliamentary Treasury Committee on Job Retention Scheme (UK)

Here is a quick glimpse behind the scenes of parliamentary process – some highlights from the Parliamentary Treasury Committee meeting yesterday when officials from HMRC were quizzed by the Committee about the Coronavirus Job Retention Scheme, plus some thoughts of our own in bold. The new scheme will be up and running on 20 April … Continue Reading

Coronavirus Job Retention Scheme – first two weeks on the front line (UK)

As anyone who has spent the last fortnight trying to apply the Government’s CJRS knows, there is currently no actual law.  Bar some guidance clearly not written by employment or HR specialists (hence indiscriminate references to workers and employees, and use of “laid-off” to mean both put on leave without pay and made redundant), pretty … Continue Reading

Revised rules on holiday carry-over don’t fully resolve employer’s concerns (UK)

Hot on the heels of my piece about the inevitable build-up of holiday entitlements thwarted by the Coronavirus comes the announcement by the Government that the Working Time Regulations are to be amended to allow the carry‑forward of up to four weeks holiday from 2020 to be taken over the following two years. The Working … Continue Reading

We’re all going on a summer holiday – avoiding the Cliff of unwelcome accrual (UK)

New Coronavirus measures seem to arrive every day, but some old-fashioned issues still rock along underneath them, including just what happens when travel restrictions and the closure of everything fun put an immediate brake on your employees’ holiday plans. The obvious answer is that they defer the break until the world restarts, but by that … Continue Reading

England beats Germany on penalties in new holiday pay decision (UK)

Flowers –v- East of England Ambulance Services NHS Trust this month concerned a claim by a number of workers in the Trust ambulance service that their holiday pay should include an allowance in respect of overtime, both non-guaranteed and voluntary. For these purposes, voluntary overtime was work which the employee was under no obligation to … Continue Reading

Holiday Party Tips to Ensure Too Much Cheer Does Not Turn Into a New Year’s Liability (US)

With the holiday season upon us, now is the time to assess your company’s upcoming holiday party, with the biggest concern being employee alcohol consumption. While there is no way to completely insulate your company from liability arising out of employer-sponsored holiday parties, other than a decision not to hold a holiday party all together … Continue Reading

The form labor agreement that’s making headlines in Japan

Last week, Japanese newspapers reported that a national medical research center in the suburbs of Osaka had entered into a so-called “36 agreement” with its doctors and nurses in 2012, allowing these employees to work up to 300 hours of overtime per month and up to 2,070 hours of overtime per year. (To be clear, … Continue Reading

New Acas guidance on holiday pay and accrual during sickness

The Acas National Newsletter for June, out earlier this week, contains some slightly updated advice on the eternal question of how you calculate holiday pay, plus an existential poser on the relationship between sickness and holiday accrual. On the holiday pay front, there remains no steer as to how commission or overtime earnings should be … Continue Reading
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