last month it was overtime, this month it is commission to be added to holiday pay

In what appears to be an emerging trend to emulate actual regular pay rather than basic pay, the Court of Justice of the European Union (CJEU) has held that holiday pay should include commission if commission forms part of an employee’s remuneration. Last month I reported that overtime (or its notional equivalent) should be included in holiday pay…

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right to request flexible working extended to most employees

Most employers are familiar with the procedure to be applied when dealing with flexible working applications which have been around, on a legislative basis, since 2003. Initially the right to request flexible was confined to the parents of children under six or of disabled children under 18. In 2007 the right was extended to carers of adults…

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“keep music live” – unless you’re producing War Horse

In Ashworth and Others v The Royal National Theatre the question for Mr Justice Cranston (sitting in the High Court) was whether to grant an injunction pending trial requiring the Theatre to continue employing musicians, notwithstanding that part of the music for the show has always been recorded and the Theatre wanted to move to…

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the unrepresented claimant who knew too much

Employment tribunals, being creatures of statute, have had an unhappy history when it comes to considering time limits and balancing adherence to them with general principles of fairness. As all those with experience of unfair dismissal claims will know, there is a strict time limit of three months for commencement of proceedings. The time limit…

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