Motor Trade Legal News
Changes to Holiday Pay From the 1st of January 2024
The Government has brought several significant changes to holiday pay at the start of 2024 which employers should be aware of. The main idea behind the newly introduced reforms is to simplify holiday entitlement and holiday pay calculations found within the Working Time Regulations. This article outlines the main changes. Changes only affect certain classes […]
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 […]
Discrimination: perception of harassment
Harassment occurs where, However, there are other important factors, including the perception of the person complaining of harassment, and whether it is reasonable for the conduct to have the effect complained of. Can a Claimant be harassed if they were not aware of the act of harassment? Greasley-Adams v Royal Mail Group Ltd Mr Greasley-Adams […]
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 […]
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. Holiday Entitlement The […]
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 […]
Dismissing Disabled Employees
Employers are sometimes faced with the dilemma of having to manage a seriously ill employee in circumstances where they are unable or unwilling to return to work. What do you do where you have engaged and made reasonable adjustments but the employee continues to refuse to return? The recent case of Preston v E.on Energy Solutions […]
Is consultation required in a redundancy with a pool of one?
Yes, according to the case of Mogane v Bradford Teaching Hospitals NHS Foundation Trust [2022 EAT 139. The Claimant was one of several nurses employed on a succession of fixed-term contracts. The employer selected her post as ‘at risk’ for redundancy on the basis that her funding was coming to an end. When the case was […]
Belief Discrimination
Is it unlawful discrimination on the ground of belief to require a Christian doctor carrying out disability assessments to use service users’ preferred pronouns? No, held the EAT in Mackereth v DWP & anor. The Claimant was employed as a Health and Disabilities Assessor for the DWP. He was a practising Christian who held the belief that […]
Is an employee’s perception of conduct enough for the conduct to be harassment?
No, according to the case of Ali v Heathrow Express Operating Company Ltd (1) and Redline Assured Security Ltd (2) The Claimant, worked for Heathrow Express Operating Company Ltd (Heathrow). From time to time Redline Assured Security Ltd (Redline) carried out security checks at Heathrow airport and Heathrow Express stations. One such test in 2017 involved […]
