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Motor Trade Legal News

Supreme Court issues landmark decision on holiday pay calculations

Over 3,300 police officers and 364 civilian employees brought claims under the Employment Rights (Northern Ireland) Order 1996 (ERO) and the Working Time Regulations (Northern Ireland) 2016 relating to underpaid holiday pay against the Police Service of Northern Ireland and the Northern Ireland Policing Board. The claims sought arrears of holiday pay going back to November 1998.


Discrimination: perception of harassment

Harassment occurs where,

  • someone is subjected to unwanted conduct
  • related to a protected characteristic
  • that has the
    • purpose or effect of violating their dignity, or
    • creating an intimidating, hostile, degrading, humiliating or offensive environment for them.


High Court quashes Regulations allowing workers on strike to be replaced by agency workers

In R (on the application of ASLEF and ors) v Secretary of State for Business and Trade, the High Court has upheld a judicial review to the revocation of Reg 7 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which prohibited employment businesses from supplying temporary workers to cover the work of those taking part in official industrial action.


Bank Holiday entitlement

There are normally eight bank holidays a year in England and Wales, nine in Scotland, and 10 in Northern Ireland. However, in recent years with extra bank holidays being granted for the Platinum Jubilee and Queen Elizabeth’s funeral it can be difficult to ascertain employees’ entitlements and what an employer can require.


Bias in the Employment Tribunal

If you find yourself in an Employment Tribunal defending a claim and the Judge appears to be hostile to your case, it’s often the case that the word “bias” is mentioned.  For understandable reasons of judicial independence, its very hard however to claim that a Judge was biased and get the Judgment set-aside and the case considered by another Judge.