Regular voluntary overtime should be included in holiday pay

The Court of Appeal has this week ruled that employers must consider any ‘regular’ voluntary overtime when calculating holiday pay, in addition to ‘non-guaranteed’ overtime, upholding the earlier decision of the Employment Appeal Tribunal (EAT).

In Flowers and others v East of England Ambulance Service NHS Trust (2017) the Claimants, all employed by the East of England Ambulance Service NHS Trust (in a variety of roles) initially brought their claim to the Bury St Edmunds Employment Tribunal alleging that unlawful deductions had been made from their holiday pay.

They stated that the calculation of their holiday pay should account for overtime in two categories – non-guaranteed overtime, and voluntary overtime. The difference between the two in this case is that non-guaranteed overtime occurs when the employee is carrying out a task which must be completed after the end of the shift (for example dealing with an emergency services call for an ambulance), whereas voluntary overtime would be classed as additional shifts which the Claimant can choose to volunteer for (there was no requirement or expectation for them to do so however).

Japan’s Labour Minister backs Mandatory Heels

Japan’s Health and Labour Minister Takumi Nemoto has caused a stir this week after publicly defending workplace policies that require women to wear high heels to work. The Minister’s comments argued that such requirements were socially accepted as being both ‘necessary and appropriate’ and were made after a petition was filed against the practice.

The petition, submitted to the labour ministry on Tuesday, raises health and safety concerns regarding the requirement, labelling it sexist and outdated. The minister unfortunately did not sympathise with the plight – equating high heels with a level of femininity which is considered to be a social norm within Japanese culture.

Dubbed the ‘#kutoo’ movement, (stemming from a combination of the Japanese word for shoes ‘kutsu’, ‘kutsuu’ meaning pain, and also a nod to the popularised global ‘#metoo’ movement against sexual abuse), the petition continues to gain traction on the online platform Change.org which at the time of writing had received nearly 30,0000 signatures.

Russian firm’s “femininity marathon” shouldn’t pass the mile mark

Another week, another *ahem* ‘naïve’ company running an event that actively stereotypes women…  Whilst it can seem that regular stories about women being stereotyped in the workplace are almost the status quo, it is worth noting that the fact they are viewed as newsworthy (when, arguably, twenty years ago they wouldn’t be) is a positive in today’s modern society in terms of helping prevent future discrimination.

So, what’s happened this time? Well, a Russian company recently announced the
holding of a “femininity marathon” during this month.  So far, so naive…

However, initiatives within the so-called femininity marathon include:

  • Cash bonuses for wearing a dress or skirt “no
    longer than 5 centimetres from the knee” upon them sending a picture of them wearing
    the relevant clothing to the company; and
  • A competition to see who is quickest at making
    dumplings!