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The Employment Appeal Tribunal has this morning held that holiday pay calculations should include a sum of money reflecting normal non-guaranteed overtime (work an employee, if requested, is obliged to perform but the employer is not obliged to offer). These calculations should be based on the four weeks’ leave as opposed to 5.6 weeks under the Working Time Regulations 1998 (WTR).
Elements of the appeal claimed that such holiday pay should be backdated potentially to 1998 (when the WTR came into force). However, claims for backdated pay claims are likely to be out of time if there has been a break of more than three months between successive underpayments. The potential financial implications for companies are still likely to be significant so an appeal to the Court of Appeal and beyond is likely to follow. The impact of the decision may well be that employers look to reduce overtime where possible.
The Home Office recently launched a central registry for modern slavery statements. A growing number of educational organisations, including a number of universities, have published statements on the registry.
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35,000 workers working in ASDA’s retail business sought to compare themselves to workers at distribution depots for equal pay purposes. Find out more about this Employment Appeal Tribunal.
The Supreme Court judgment represents the conclusion on whether or not “sleep in time” should be classified as working time, when calculating the National Minimum Wage (NMW).
On 17 March 2020 a report by Clive Sheldon QC was published. He had been appointed by the FA back in December 2016 to carry out an independent review into allegations of sexual abuse by coaches and scouts working in youth football between 1970 and 2005.
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