Briefing Notes Archives - Goldenleaver
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The Employment Appeal Tribunal (EAT) recently announced their decision in 3 separate cases which all looked at the issue of how to properly calculate a worker's holiday pay. As a result the cases were heard together and the EAT was able to give a single decision. You have probably heard plenty of talk about this already as the EAT's decision was of such importance to businesses and workers that even the national press has been following the story. To put it...

We are delighted that Rm2 have contributed a Briefing Note this month. Rm2 has been helping companies set up and run employee share plans since 1998. Their service and expertise covers everything from the overall initial design strategy through to the legal, tax and regulatory details of share schemes. Rm2 have prepared a briefing note on their specialist subject share schemes exploring the fundamental benefits, potential pitfalls, and overall reasoning behind establishing an employment share scheme. The note sets out what makes share schemes attractive to employers and staff, exploring ideas...

Below is a round up of the changes in employment law we can expect in the next few weeks: Employment tribunals and compensatory awards – The maximum compensatory award will increase from £74,200 to £76,574 (subject to the limit of one year’s pay which has existed since July 2013) in respect of dismissals that take place on or after 6th April 2014. Employment tribunals and a week’s pay – The maximum of a week’s pay increases from £450 to £464 in respect...

Many of us predicted that the introduction of fees in July 2013 for claims in Employment Tribunals would reduce the number of claims being brought. However, none of us anticipated a staggering 79% drop in the number of applications lodged in the last quarter of 2013 (compared with the same period in 2012). Is it good news for employers? Generally it is because troublesome claimants with weak claims who were clogging up the system and wasting management time and cost seem,...

How long will it be before the calculation of holiday pay stops being a problem? Not for some time yet, it seems. In the UK, a worker is entitled to be paid during annual leave at a rate of a week's pay for each week of leave. Although this is easy to calculate for someone on a fixed annual income (just divide it by 52) or where hours or wages are variable (find the average of the last 12 weeks when there...

It is unusual for a case by an Employment Tribunal to be reported, since published decisions tend to be by the higher courts.  However Tirkey v Chandok and another has been widely reported as pre-empting a proposed change to legislation that is not expected to be made until after public consultation is completed in 2015. The reason for reporting this particular decision was that the Tribunal decided to include “caste” in the definition of race in the Equality Act 2010 (the...