Revised Maternity Leave Directive finally abandoned

Given that the draft Maternity Leave Directive has been stuck in the EU legislative process since 2008, the Commission has officially withdrawn it, considering that any hopes of progress are impossible.

Holiday pay, overtime and commission

  • Beverley Sunderland, Director at Crossland Employment Solicitors, discusses the impact on holiday pay calculations of various case law developments.
  • She examines the situation now, what employees can claim going forward, any claims for back pay and what practical steps employers can take to minimise the impact on their business.

Holiday pay back claims: two-year limit from 1 July 2015

From 1 July 2015, any new holiday pay claims brought in tribunal can only cover a period stretching back two years from the date on which the claim is made.

Voluntary overtime and holiday pay

Voluntary overtime can in principle be included for the purposes of calculating statutory holiday pay.
Patterson v Castlereagh Borough Council

Pay data: June 2015

Various research organisations have published data on average pay settlements for the three/four months to May 2015.

Timing of collective consultation and the special circumstances defence

A strategic albeit provisional decision to close a workplace triggered to obligation to consult collectively. The complete failure to do so justified a full 90-day protective award and the fact that the staff hadn’t suffered any actual loss was irrelevant.
E Ivor Hughes Educational Foundation v Morris

Employee not re-assigned from an organised grouping despite instruction to remove

In the context of a TUPE service provision change an instruction issued by a third party client to remove an employee from the provision of a service did not have the effect of re-assigning the employee away from the organised grouping.
Jakowlew v Saga Care

EU data protection regulation moves closer

The EU has moved closer towards an overhaul of EU-wide data protection law, first proposed in 2012, and it looks as if new regulation could be in place by the end of 2015 or early in 2016. It’s likely that there will be a one or two-year interval post-finalisation before the rules come into force to give businesses time to prepare.

Sickness rates in manufacturing remain low but long-term absence is a growing problem

While overall sickness absence in manufacturing remains low, long-term absence sees the biggest rise in five years according to the Engineering Employers Federation’s Sickness Absence Survey 2015. Among its other conclusions are that making adjustments for mental health issues is the most difficult challenge employers face and, five years on, the fit note scheme simply isn’t working.

May 2015 inflation data

Consumer Prices Index inflation in the year to May 2015 stood at 0.1%. The detailed figures are as follows:

Mobile workers’ travelling time is ‘working time’

Time that mobile/peripatetic workers - those who aren’t assigned to a fixed or habitual place of work - spend travelling from home to the first customer designated by their employer and from the last customer designated by their employer to their homes, should be regarded as ‘working time’ according to the Advocate General of the European Court of Justice.
Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security

Determining the client of a sub-contractor in a service provision change

TUPE can apply to a transferor and a sub-contractor even though there may be no direct contractual relationship between them. So where a company contracts out a service which is then subcontracted, the subcontractors’ staff may transfer into the company’s employment if the service is taken back in house.
Jinks v London Borough of Havering
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Thursday, 25 June 2015

Five elements of success for women in the corporate world - a view from across the pond

A career and a board role are not either/or options but both/and. That this was a key message of Gloria Larson’s inspiring session ‘Advancing Women in a corporate world: A View From Across the Pond’ at the University of Westminster on Thursday, 17 June 2015, became immediately obvious as, with huge energy and enthusiasm, she described her current roles and responsibilities: President of Bentley University – a leading American business school based outside Boston, with over 6,500 undergraduate and postgraduate students from 82 countries – Gloria is also leading Boston’s bid to host the 2024 Summer Olympics. 

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