In 2020 the court rules were changed to require that all residential tenants must be given 14 days’ notice of an eviction. What happens though if the eviction is cancelled on the day?
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.
We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
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