The Employment Appeal Tribunal recently considered in the case of Secretary of State for Business Innovation & Skills v Knight whether or not a business owner can claim a redundancy payment. Mrs Knight was managing director and owned 100% of the shares in Receptors Security Systems (UK) Limited. The Company was incorporated in 1991 and…
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…
It never ceases to surprise me that employees can be so horrified when action is taken against them following the misappropriation and/or misuse of information belonging to an employer. All employment contracts incorporate an implied duty to keep confidential information belonging to the employer and not in the public domain. Confidential information in the nature…
Only last month I commented on the strict application of time limits in tribunal claims and how they can prevent otherwise strong claims from proceeding. One month on and the issue is to the fore once again in the Employment Appeal Tribunal case of Beale & others v Clydesdale Bank plc and another. The case…
My regular readers are aware that I am intrigued by the way in which protection of religion or philosophical belief has developed in ways that surely could not have been envisaged when the Regulations which preceded the current protection under the Equality Act 2010 came into force in 2003. In January I reported that belief…
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…