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…

Clamp down for Employers who call spade a shovel

Ride hailing app Uber has won attention for revolutionising the taxi business worldwide, but is now grabbing headlines for different reasons, following legal action by drivers claiming workers’ rights. The GMB Union brought the action on behalf of a group of Uber drivers, who are described as self-employed ‘partners’ by Uber. The action argues that as Uber pays the drivers and effectively controls charging rates and the route taken, they owe the same responsibility as any employer does to its workers, including the minimum wage, paid leave and making sure…

Working time: travelling to and from work

Does travelling time count as Working time where the employee has no fixed place of work? Advocate General Bot has given his opinion in a case before the European Court of Justice in the Spanish case of Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another C-266/14 ruled that workers with no fixed place of work, time spent travelling from their home to their first assignment, and from their last assignment back to their home, constitutes working time under the Working Time Directive. Working…

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