Holiday pay ruling hit schools and colleges

Holiday pay for those who work only part of the year and have no contractually set hours should not be calculated on a pro rata basis, under a judgement that will affect many in the education sector.  The Court of Appeal has ruled in The Harper Trust v Brazel that part-year workers are entitled to have statutory holiday pay calculated on the basis of their average earnings over the 12-week period prior to taking leave, to calculate the week’s pay provisions set out in the Working Time Regulations 1998. Many employers have…

Complex challenges for employers in the year ahead

Constant changes and increasing complexity have helped make employment law a frontline challenge for business and this year looks set to continue the trend.  The first weeks of January saw Maggie Dewhurst, a bike courier with City Sprint, winning her case to be treated as a worker, rather than a self-employed contractor. The high-profile case follows hard on the heels of the similar ruling given late last year in the action brought by Uber drivers, which the company has said it will appeal. A worker may be entitled to certain…

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