Commercial and local authority landlords could benefit from urgently reviewing their legal options.
Many employers who engage workers on atypical arrangements, where they work more than their normal contractual working hours and receive additional pay over and above their standard pay, were left concerned about the implication of this decision (see our briefing). Many employers also decided not to make changes to their holiday pay arrangements, understanding that British Gas intended to seek leave to appeal to the Supreme Court, which could reverse the Court of Appeal’s decision.
The Supreme Court has now considered British Gas’s application to appeal against the Court of Appeal’s judgment, but has refused permission. This means we have reached a point of finality on this issue of principle and contractual results-based commission is to be taken into account when calculating holiday pay.
What is still not clear is how holiday pay in such circumstances is to be calculated and what the appropriate reference period is for the calculation.
It has been reported that the Employment Appeal Tribunal (EAT) will decide on these outstanding matters in March 2017. Only after that decision is given will we hopefully have the full clarity about how to calculate holiday pay for those with varied earnings.
For further information
To find out more about the impact this decision could have on your business, or to purchase a copy of our Holiday Pay Toolkit (which (i) summarises the current legal position; (ii) answers the most frequently asked questions about the impact of the judgment on existing holiday pay arrangements; (iii) and suggests potential solutions for how to calculate holiday pay and deal with any potential liability for any historic underpayments) please get in touch with your usual contact at Anthony Collins Solicitors or speak to Anna Dabek.
The Cabinet Office has published guidance asking for people to act responsibly, fairly and “in the national interest”.
To help our charity clients look to the future, we summarise key guidance and updates over the last week.
On 18 May 2020, the Ministry of Housing Communities and Local Government (MHCLG) wrote to all social housing residents in England (residents).
For anyone who is currently restrained from holding their General Meeting or have held such in breach of their governing documents, help is on the way!
Social landlords may be surprised to learn that “landlords should be able to carry out routine as well as essential repairs for most households”.
Many housing providers are now re-thinking about gathering information to complete their data return to the Regulator of Social Housing, with the initial exercise having been delayed by Covid-19.
With many premises being left unoccupied (or minimally occupied) during the lockdown, both Public Health England and the Health and Safety Executive have warned of the increased risks of Legionella.
The Court of Appeal judgement in Booth and another v R  EWCA Crim 575 will be welcome news for local authority prosecutors and their investigation teams.
The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 came into force on 4 April.
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