Blog
Kingsley Napley’s Medical Negligence Team ‘walks together’ with the Dame Vera Lynn Children’s Charity
Sharon Burkill
23 February 2016
The questions around holiday pay live to fight another day
We reported last week on the Scottish case of Barton and noted that the arrival of the decision of the Employment Appeal Tribunal (“EAT”) in Lock v British Gas may bring employers and employees closer to an answer to the elusive question of how to calculate holiday pay. That much anticipated judgment is now here, but it seems to have done nothing more than kick the can down the road.
18 February 2016
Case Update – Claimants beware in cases with several potential defendants
The High Court case of Vanden Recycling Ltd v Tumulty and others serves as a warning for employers who bring claims against more than one defendant to take care that settlement does not extinguish claims against any other defendants.
18 February 2016
Think, Act, Report – the Government continues its war on inequality in the workplace
Significant progress in the field of equality has been made in recent years, with increasing numbers of women in work and in top positions. That being said, there is still work to be done. As we reported a few months ago following the publication of Lord Davies’ report into women on boards, the fight continues – women still earn less than men and occupy fewer of the key positions in successful companies. The ‘Think, Act, Report’ initiative has been instrumental in fostering support from large, global organisations committed to improving gender equality. Trailblazing Transparency, a report produced by Deloitte and sponsored by Think, Act, Report, was quickly followed by the publication of draft regulations into gender pay gap reporting. It is clear that the Government remain committed to its election pledge and employers must take note – this will remain a key issue, both legally and commercially, for years to come.
16 February 2016
A Scottish skirmish and the on-going battle over holiday pay
It should have been a single question: do you include overtime and commission when calculating holiday pay? However, that question has already led to numerous trips to the Employment Tribunal, Employment Appeal Tribunal (“EAT”) and the European Court of Justice (“ECJ”). We are now on the brink of an EAT decision which may finally sound the rallying call for the myriad of holiday pay claims currently stayed and sisted around the country – Lock v British Gas. There has been an appeal decision hiatus since the initial decision of the EAT in Fulton v Bear Scotland, and in the battle between employees and employers, both sides have enjoyed some victories, but neither has yet managed to deal a conclusive blow.
8 February 2016
Senior Managers Regime: first stage now in force
Today 8 February marks the first stage in the introduction of the Senior Managers and Certification Regime. This regime applies to all individuals exercising a senior management function. In many cases non-executive directors will also be covered, for example if they chair any committee directly relevant to a firm’s safety or soundness.
