Fri 23 March, 2018
Calculating Holiday Pay for Term Time Workers
Can holiday pay(1) for term-time workers be capped at 12.07% of pay under the Working Time Regulations(2)?
No, held the EAT in Brazel v The Harpur Trust(3), upholding a visiting music teacher's appeal on the approach to calculating her holiday pay.
The Claimant worked at the Respondent School in term-time on a zero-hour contract. The School calculated holiday pay pro rata to the proportion of the year worked, paying it at 12.07% of a term's pay (i.e. using the percentage reflecting 5.6/46.4 weeks). On a working 'year' of 32-35 weeks, the effect of this was that holiday pay came out lower that if calculated on the basis set out in s224 ERA, taking a 12-week average of pay from weeks actually worked, and ignoring the out-of-term weeks. The EAT held that basing holiday pay on the 12-week average was the correct approach.
Daniel Barnett: follow the link below to read the full story(4)
Gender pay gap means women work 67 days a year for free, says TUC
Women in the UK effectively work for free for more than two months a year because of the country’s gender pay gap, according to the TUC.
In a report published to coincide with International Women’s Day(5), the trade union body called on the government to require employers to carry out pay audits and produce action plans to close the gap in their workplace.
The gender pay gap is the difference between the average hourly earnings of men and women. Large companies have to report information about this by the 4 April.
According to the Office for National Statistics(6), when all workers, full and part-time, are included, the pay gap is 18.4%. “This … means that women effectively work for free for the first 67 days of the year,” said the TUC.
Guardian: follow the link below to read the full story(7)
TUPE: Impact of Fragmentation
Should a tribunal that is considering whether there has been a TUPE(8)transfer after a service provision change, clearly identify the 'relevant activities' that have transferred?
Yes, held the EAT in London Care v Henry(9), upholding an appeal against a finding that there had been a TUPE transfer after a home care provider, Sevacare, ended its contract with Haringey Council.
Sevacare was replaced by four major providers. The tribunal had not made sufficiently clear findings as to the activities carried out by the outgoing contractor. The EAT(10)was not wholly satisfied that the tribunal had found that the 'activities' in question were the overall provision of care services with the Council as the 'client', or sub-sets of the overall contract of care packages for service users.
Daniel Barnett: follow the link below to read the full story(11)
Nearly 180 employers named and shamed for underpaying thousands of minimum wage
The government has today named and shamed nearly 180 employers for underpaying more than 9,000 minimum wage workers by £1.1 million.workers
As well as recovering backpay for 9,200 workers, the government also fined the employers a total of £1.3 million in penalties for breaking national minimum wage laws. The most prolific offending sectors in this round were retailers, hospitality businesses and hairdressers.
It comes ahead of the next rate rise on 1 April, when the National Living Wage will go up from £7.50 to £7.83 per hour(12). Apprentices under the age of 19 and those in the first year of their apprenticeship will benefit from a record 5.7% rise.
Later this month the Department for Business, Energy and Industrial Strategy (BEIS) will launch a campaign to raise awareness of the new rates and encourage workers to speak to their employer if they think they are being underpaid.
Gov.UK: follow the link below to read the full story(13)
1. Holiday Entitlement [Internet]. Castle Associates Ltd. [cited 2018 Mar 22]. Available from: https://castleassociates.org.uk/ask-the-expert/subject/holiday-entitlement
2. The Working Time Regulations 1998 [Internet]. [cited 2018 Mar 22]. Available from: http://www.legislation.gov.uk/uksi/1998/1833/contents/made
3. Brazel v The Harpur Trust UKEAT/0102/17/LA [Internet]. [cited 2018 Mar 22]. Available from: https://www.employmentcasesupdate.co.uk/site.aspx?i=ed36976
4. Calculating Holiday Pay for Term Time Workers [Internet]. [cited 2018 Mar 22]. Available from: https://mailchi.mp/emplawservices/calculating-holiday-pay-for-term-time-workers?e=6f88b19be3
5. International Women’s Day 2018 [Internet]. International Women’s Day. [cited 2018 Mar 22]. Available from: https://www.internationalwomensday.com
6. Annual Survey of Hours and Earnings - Office for National Statistics [Internet]. [cited 2018 Mar 22]. Available from: https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/earningsandworkinghours/bulletins/annualsurveyofhoursandearnings/2017provisionaland2016revisedresults#gender-pay-differences
7. Jones R. Gender pay gap means women work 67 days a year for free, says TUC [Internet]. the Guardian. 2018 [cited 2018 Mar 22]. Available from: http://www.theguardian.com/news/2018/mar/08/gender-pay-gap-means-women-work-67-days-a-year-for-free-says-tuc
8. TUPE [Internet]. Castle Associates Ltd. [cited 2018 Mar 22]. Available from: https://castleassociates.org.uk/ask-the-expert/subject/tupe
9. London Care Ltd & Carewatch Care Services Ltd v Henry & Ors UKEAT/0219/17/DA; UKEAT/0220/17/DA [Internet]. [cited 2018 Mar 22]. Available from: https://www.employmentcasesupdate.co.uk/site.aspx?i=ed36949
10. Employment Appeal Tribunal - GOV.UK [Internet]. [cited 2017 Dec 4]. Available from: https://www.gov.uk/courts-tribunals/employment-appeal-tribunal
11.TUPE: Impact of Fragmentation [Internet]. [cited 2018 Mar 22]. Available from: https://mailchi.mp/emplawservices/tupe-impact-of-fragmentation?e=6f88b19be3
12. Employment law news update [Internet]. Castle Associates Ltd. 2018 [cited 2018 Mar 22]. Available from: https://castleassociates.org.uk/news/employment-law-news-update-0
13. Nearly 180 employers named and shamed for underpaying thousands of minimum wage workers - GOV.UK [Internet]. [cited 2018 Mar 22]. Available from: https://www.gov.uk/government/news/nearly-200-employers-named-and-shamed-for-underpaying-thousands-of-minimum-wage-workers