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Workers have today won a groundbreaking case in the Employment Appeal Tribunal to include overtime in holiday pay.  Currently, only basic pay counts when calculating holiday pay. 

This decision means that all people working voluntary overtime could claim additional holiday pay. Currently, there are around 5 million workers in the UK who work overtime and some estimates suggest that if claims can be backdated, the cost to employers could amount to billions.

The law on holiday pay has been in flux for some time, so today’s decision provides some clarity.  However, given the significant potential financial implications for employers, the decision may well be appealed, so we may well not have heard the last on the matter. In fact, a final decision may be years away.

Meanwhile, many employers may well look at reducing the availability of overtime as a preventative measure.

For more information, call Consensus Employment Law on 01202 739249.            

From 1 October 2014, an employee or agency worker who has a "qualifying relationship" with a pregnant woman, or her expected child, will be entitled to take time off during their working hours to accompany the woman to ante natal appointments.

Tesco has today stunned the markets by confessing to having overstated its half-year profit guidance by £250m.  The news prompted a plunge in Tesco's share price, which closed 11.6% lower at 203p.

Labour will abolish the current employment tribunal fees regime if elected in May 2015, shadow business secretary, Chuka Umunna, told delegates at the Trade Union Congress (TUC) conference this week.

In a judgment recently handed down by The European Court of Justice (ECJ) the court found that that holiday pay must correspond to normal pay, including any commission or other variable pay that it might ordinarily comprise.

From today, all employees with 26 weeks’ service have the right to make a “flexible working” request, ie a request to change their hours/pattern of work.

From today, claimant employees will have to submit details of their dispute to ACAS before they can issue a claim in the Employment Tribunal. 

On 29 July 2013, fees became payable by employees bringing tribunal claims. The Government’s aim in introducing fees is to transfer around 33% of the £74m cost per annum of running the tribunal system from the taxpayer to those who use the system.

High profile court cases of sexual assault/harassment have been widely reported recently, with varying degrees of success.

From today, fees are payable by employees bringing tribunal claims. The Government’s aim in introducing fees is to transfer around 33% of the £74m cost per annum of running the Tribunal system from the taxpayer to those who use the system. 

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