People who work part-time are protected from being treated less favourably than their comparable full-time colleagues. The question in Ms Pinaud’s case was whether working more than 50% of full-time hours but not being paid more than 50% of a full-time salary was less favourable treatment.
Ms Pinaud’s part-time working pattern, described as a 50% contract, was 14 days on and 14 days off. Over the course of a year, she was required to be available for 130 days. Compare that with the full-time position, which required workers to be available for 243 days in a year.
Back in 2016, the European Court of Human Rights (ECtHR) held that a worker in Romania who had been dismissed for his personal use of the internet at work had not been dismissed unfairly because of the employer’s monitoring of his internet usage.
Mr Barbulescu had sent messages to his brother and fiancée via his work-related Yahoo account. He later argued that, by monitoring his use of the internet and by using his Yahoo messages in disciplinary proceedings, his employer had breached his right to respect for private life and correspondence.
Dudley Metropolitan Borough Council v Willetts and others
Holiday pay calculations continue to cause difficulties for employers, with uncertainty still existing over the question of which elements of workers’ pay should and should not be taken into account.
In the case of Mr Willetts and some of his colleagues, an employment tribunal decided that overtime that was purely voluntary, as opposed to being a contractual right or duty, should be included in the holiday pay calculation because it formed part of ‘normal remuneration’. That was notwithstanding the employer’s argument that voluntary overtime lacked the necessary intrinsic link to the performance of the contractual tasks and so should be excluded.
Escalate, Bermans ground-breaking commercial dispute resolution process for SMEs, has been named ‘Innovation of the Year’ at this year’s British Accountancy Awards.
July 2013 heralded the introduction of fees in the Employment Tribunals (ETs) and Employment Appeal Tribunal (EAT), with the Government proclaiming its aims were to discourage claimants from pursuing weak “nuisance” claims and to reduce the cost of the system to the tax. While at first glance these would seem to be perfectly reasonable objectives, there was in fact a steep drop in the level of claims by around 66-70%, with ACAS reporting that 1 in 10 potential claimants that contacted them decided against issuing a claim specifically because they could not afford the fees, which at up to £1,200 were not insubstantial.
Many businesses will take on business premises for a fixed time period and then only consider important milestone dates once they arrive, sometimes using a reminder from their landlord as a trigger.
Bermans can help you take control of the process and put you in a better bargaining position with your landlord by considering all options. We are offering a FREE lease review service and have created this simple step by step guide to help you.
Whilst being nothing new to the market place, the Enterprise Investment Scheme (EIS) introduced over 20 years ago has been the launch pad for many ideas and developments that have gone on to bring great return and growth for small high risk companies that would have otherwise struggled to raise debt or equity finance.
Suppliers will often not consider on what basis they are contracting for the supply of goods or services. This may be as they feel they can deliver on the contract and so there is no risk. Often, the issue for many is that they do not foresee a potential liability arising. Others may believe that they are contracting on their standard terms of business, though often these are not brought to the attention of the customer, either at the point of contracting, or at all. This note examines the potential issues facing a supplier through lack of a suitable contract.
In the case of BHL v Leumi ABL Ltd [2017] EWHC 1871 (QB) the High Court required an invoice discounter to refund excessive collection fees charged after the administration of Cobra Beers Limited.
1 October 1987, a typical grey autumn day in Manchester, a far cry from the hurricane-strength winds that buffeted Britain exactly 2 weeks later. But a big day for me; after 6 years of study and training, I was finally admitted as a solicitor. I had a moderately exciting morning serving a search order on a defendant although the location (a block of multi-storey flats) was about as unglamorous as it could get!
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