The holiday season might have ended, but holiday pay remains a hot topic. In Flowers v East of England Ambulance Trust, the Employment Appeal Tribunal looked at whether voluntary overtime should be included in holiday pay. Employees should be paid their ‘normal remuneration’ when they take holiday. But is voluntary overtime ‘normal’ pay?Continue Reading
Mr Tabberer and his colleagues were electricians. They were originally employed by Birmingham City Council. Their employment transferred several times by way of TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) over the years. At the time of the tribunal claims, they were employed by Mears. The employees were contractually entitled to receive an Electricians’ Travel Time Allowance, though the historical reasons for the allowance no longer existed. Mears varied the employees’ contracts to remove the allowance, saying it was outdated.Continue Reading
Escalate, Bermans ground-breaking dispute resolution process for SMEs, was awarded the hotly contested ‘Legal Services Innovation Award’ at the prestigious British Legal Awards on Thursday 29th November 2018 – completing an unprecedented clean sweep of the major national legal awards during 2018.Continue Reading
The Government recently announced that it does not intend to legislate to implement the September 2016 Law Commission proposals to modernise the archaic Bills of Sale regime:
“Given the concerns that were raised in the consultation, the small and reducing market and the wider work on high-cost credit, the government will not introduce legislation at this point in time. The government will continue to work with the FCA as they carry out their high-cost credit review, and then further consider government action on alternatives to high-cost credit in light of the FCA’s review”.
The Law Commission is reviewing the difficult subject of the electronic execution of documents, and in particular deeds.
In principle all legal documents should be capable of electronic execution, but some doubt remains about the position regarding deeds in view of the statutory requirement for deeds to be witnessed.Continue Reading
It has been almost 6 months since the GDPR regime came into effect, and early signs would suggest that the invoice finance industry has adapted well to the new requirements.
As expected there was something of a last-minute rush to ensure compliance, but fears were perhaps eased by helpful comments from the Information Commissioner such as she made on BBC Radio 4’s Today programme on 25 May 2018:
“We are not looking for perfection. We do not have thousands of inspectors going out and checking people’s homework. What we do have are millions of people that have new rights and they can make a complaint against a company to our office”.Continue Reading
As long ago as late 2014 the Government indicated its intention to outlaw prohibitions of assignment in commercial contracts in an attempt to support the invoice finance industry as a key provider of alternative finance to UK SMEs.Continue Reading
A study by the University of the West of England argues that the working day is extended during commutes by advancements in technology. The study looked at 5,000 passengers commuting into London. Many employees were using their commuting time to send work emails from their phones and tablets.Continue Reading
Escalate, the ground-breaking dispute resolution process for SMEs, has won its third national award, completing a unique grand slam of major honours.
Escalate was awarded ‘Excellence in Business Development’ at the Law Society Excellence Awards on Wednesday 17th October.Continue Reading
Is it disability discrimination if an employer deals with an ill health retirement procedure badly? Not necessarily, the Court of Appeal has said. Mr Dunn was employed by the Ministry of Justice. He had depression and a serious heart condition. He applied for ill health early retirement. The process was handled badly and was unnecessarily bureaucratic. But was this poor treatment because of his disability (direct discrimination) or something arising in consequence of it (discrimination arising from disability)? The employment tribunal said yes, but the Employment Appeal Tribunal disagreed.Continue Reading